A Capehart Scatchard Blog

Tag: New Jersey Workers’ Compensation Act

Coverage Issues and General Contractor/Subcontractor Allegations

Coverage Issues in Workers’ Compensation A common issue arises where an employee works for an employer who does not maintain proper workers’ compensation coverage and alleges that there is a general contractor with coverage from whom they will seek benefits. As noted in our recent article, https://njworkerscompblog.com/how-to-properly-cancel-a-workers-compensation-policy/, claims that are denied for lack of coverage […]

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New Jersey Assembly Committee Votes To Approve Hiring Preference Bill As Part of New Jersey Workers’ Compensation Act

By on January 29, 2021 in Legislation with 0 Comments

Employers need to be aware of an Assembly bill that would turn the workers’ compensation statute into an employment protection law.  The Assembly Labor Committee recently passed A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson.  The bill will require an employer with at least 50 employees to provide a hiring preference to an injured […]

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Transportation Issues in Workers’ Compensation

By on February 21, 2020 in Workers' Comp Basics with 0 Comments

Adjusters and employers familiar with other state workers’ compensation laws are often surprised to find out that the New Jersey Workers’ Compensation Act contains no statute requiring employers to pay for transportation costs to get employees to medical appointments and no mileage reimbursement provision.   When an employer requires an injured worker who has moved out […]

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The Limitations of Settlements in New Jersey Comp

By on August 29, 2019 in Settlements with 0 Comments

This practitioner is often asked two questions regarding workers’ compensation settlements in New Jersey:  1) Can we settle out of court? and 2) Can we get a termination agreement at the time of settlement? There are a number of limitations on settlements in New Jersey that are different from the practice of law in other […]

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Reckless Prank By Co-Employee Does Not Permit Victim To Pursue Civil Suit

By on April 18, 2019 in Workers' Comp Basics with 0 Comments

Readers of this blog know that it is extremely difficult for an employee to sue his or her employer or co-employee in civil court.  That was proven again in Johns v. Wengerter, A-2053-17T1 (App. Div. April 1, 2019). Johns, a City of Linden firefighter, was on duty at the firehouse on November 27, 2015.  He […]

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New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations

By on August 31, 2017 in Key Defenses with 0 Comments
New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations

Cases involving temporary staffing agencies and professional employer organizations often lead to unusual and complex legal issues in workers’ compensation.  The recent case of Detres v. Workforce Logistics Corp., A-4963-15T1 (App. Div. August 25, 2017) illustrates this point quite well by delving deeply into coverage and conflicts of law issues in a very high exposure […]

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