In September 2020, New Jersey Governor Phil Murphy signed into law legislation that created a rebuttable presumption for “essential workers” that if they get sick with Covid-19 (also known as Coronavirus) that the Covid-19 was acquired at work. Before this new law, an essential worker would have to prove that they acquired the Coronavirus was contracted at work. Since the virus travels through the air and does not immediately show symptoms of infection, it would be difficult, if not impossible to establish without extensive and expensive litigation that the virus was acquired at work.
As previously reported by NJAccident.com, Governor Murphy and the Legislature passed in 2019 (pre-Covid 19) the Thomas Canzanella 21st Century First Responders Act (hereinafter First Responders Act) which provides public safety workers, as defined by the statute, a presumption that if the worker contracts a serious communicable disease or related illness, like COVID 19 Coronovirus, that it is deemed by law to be related to their job. This is a crucial designation that opens up the right to obtain Workers Compensation benefits which include temporary disability benefits, payment of medical bills, and a monetary award based on a percentage of permanency due to the virus. The First Responders Act did not however provide protections for grocery store workers, pharmacy workers, restaurant workers, gas station workers, delivery personnel, and financial institutions or bank workers. These workers although deemed “essential workers” by the Governor were not currently contained within the definition of “Public safety workers” in the First Responders Act. The September 2020 law establishing a rebuttable presumption in effect extended New Jersey Workers Compensation benefits to all “essential workers”. Employers can however deny the claim if it believes it has evidence provable by a preponderance of the evidence (more than fifty percent) by showing that the worker was exposed outside of work. The burden in essence has been shifted onto the Employer (in effect its Workers Insurance Carrier) to establish the worker was exposed outside of work. Proving the same by a preponderance of the evidence is not exactly an easy task. Both Business and Insurance Companies lobbied against the bill but ultimately did not prevail.
Are You An Essential Worker?
An Essential worker is defined by the new legislation as:
(1) Public safety workers or first responders ;
(2) Those involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes;
(3) Those who perform functions which involve physical proximity to members of the public and are essential to the public’s health, safety, and welfare, including transportation services, hotel, and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home, or;
(4) Anyone deemed an essential employee by the public authority declaring the state of emergency
The definition of who is an essential worker is broad so if you were working during the height of the Covid 19 pandemic as allowed by the Governor’s Definition of “essential worker” you are covered.
What Benefits Are Available?
New Jersey Worker Compensation Benefits provide temporary disability benefits, payment of medical bills, and a monetary award based on a percentage of permanency due to the virus. Also in case of death related to work, New Jersey Workers Compensation law provides a Dependency Benefit to surviving spouse and minor children. The law was made retroactive to March 9, 2020 therefore an essential worker who contracted Covid 19 and subsequently passed away would be entitled to a Dependency benefit from workers compensation. It is not clear whether insurance carriers are going to educate their clients (employers) that Dependency benefits may be available to employees who passed away after acquiring Covid 19.
If you know of someone who lost their loved one due to Covid 19 and fits within the essential worker definition, you might want to advise them to contact an attorney who specializes in Workers Compensation claims to file an action in the Workers Compensation Court to obtain those benefits. A free consultation is available to discuss your case by completing our contact form and/or calling (973) 481-4364 to discuss your or your deceased relative’s case with an attorney.
For information on the Family First Paid Sick Leave Law in New Jersey, click here.