New Jersey adds protections for essential workers

New Jersey has enacted legislation (Senate Bill S2380) that adds benefit protections for essential workers. The law is retroactive to March 9, 2020, and extends for the duration of the public health emergency declared under Executive Order 103.

Overview:

Essential workers who test positive for COVID-19 during the public health emergency are presumed to have contracted the virus at work. This means that covered workers would be entitled to workers' compensation, ordinary and accidental disability retirement, and any other benefits required by law to individuals suffering injury or illness during their employment.

Essential Employees:

An essential employee is an employee who, during a state of emergency:

• Is a public safety worker, first responder, or other emergency responder;
• Provides medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes;
• Performs 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
• Is deemed essential by the public authority declaring a state of emergency.

Compliance Recommendations:

New Jersey employers should review any workers' compensation claims related to COVID-19 that have been filed since March 9, 2020 to determine if they are now compensable. Workers' compensation claims paid under these circumstances will not affect the insurance premium rate for the employer's workers' compensation policy. Please contact your dedicated service professional with any questions.