• Call: (888) 472-4262
  • Client Access
Graham Company
  • Call: (888) 472-4262
  • Who we work with
    Construction Manufacturing & Distribution Health & Human Services Real Estate Financial & Professional Services Other Industries
  • What we do
    Property & Casualty Employee Benefits Surety Services Personal Lines Cyber Solutions Our Specialties
  • Who we are
    Our History Our People Our ESOP Our Community
  • Our Difference
    The Graham Way Innovation Technical Development Safety Services Claims Management
  • Careers
    Our Job Board
  • Knowledge Center
COVID-19 News Alert: Workers Compensation Injury Presumption for “Essential Employees” in NJ

September 16, 2020

COVID-19 News Alert:  Workers Compensation Injury Presumption for “Essential Employees” in NJ

On September 14, 2020, Governor Phil Murphy of New Jersey signed Senate Bill 2380 into law. As previously reported, the law creates a rebuttable presumption that COVID-19 infections contracted by “essential employees” are work-related for the purpose of receiving workers compensation benefits. An employer can rebut this presumption by showing that the infected employee was not exposed to the disease while working at the place of employment.

While the legislation specifically carves out COVID-19 claims experience from an employer’s Experience Modification Rating (EMR) calculation, the potential costs to employers under this law could be significant since its applicability is retroactive to March 9, 2020 and continues until the public health emergency declared by the Governor has ended.

Now, more than ever, it is important for employers of essential workers in New Jersey to thoroughly investigate any reported infection in order to document whether there was an exposure at the workplace. Ensuring your employees are following safety protocols and using personal protective equipment (including masks) to mitigate the transmission of the disease will also be important to rebut the presumption of a workplace exposure.

For more information about who is classified as an “essential worker” under the law and how this law may impact your organization, please read our prior news article on this topic. If you have any questions about the compensability of Workers Compensation claims, please contact your Graham Claims Consultant or please reach out to Sean Brogan (information below).

Sean H. Brogan, Esquire, CPCU
Vice President
sbrogan@grahamco.com
The Graham Building
Philadelphia, PA, 19102
215-701-5260
SAVE AS PDF >
Sean H. Brogan,

Esquire, Managing Director

sbrogan@grahamco.com

(215) 701-5260

Share:
Tags: Insurance Risk Management Worker's Compensation Claims workplace safety COVID-19
RECENT POSTS
Diversity, Equity and Inclusion’s Vital Role in Risk Management and Success
Diversity, Equity and Inclusion’s Vital Role in Risk Management and Success

Jul 25, 2022

Hurricane Preparedness is Key to Managing Risk
Hurricane Preparedness is Key to Managing Risk

Jul 21, 2022

Frequently Asked Questions re: Impact of Dobbs on Employer-Sponsored Health Plans
Frequently Asked Questions re: Impact of Dobbs on Employer-Sponsored Health Plans

Jul 08, 2022

New Year, New Rules: Healthcare Transparency Rules and Plan Sponsor Obligations
New Year, New Rules: Healthcare Transparency Rules and Plan Sponsor Obligations

Apr 05, 2022

RELATED POSTS
Risk Playbook: Episode 5 - Susan Hatten
Risk Playbook: Episode 5 - Susan Hatten

May 26, 2022

NYCIRB Announces Withdrawal from the NCCI Experience Rating Plan
NYCIRB Announces Withdrawal from the NCCI Experience Rating Plan

Mar 17, 2022

State of the 2022 Insurance Market
State of the 2022 Insurance Market

Mar 09, 2022

Higher Education Successes
Higher Education Successes

Feb 08, 2022

Home
Contact
Events
Company News
News
Branding
Privacy Policy
Graham Company

Follow us

Graham Company
Home
Contact
Events
News
Branding
Privacy Policy

Follow us

Sign up for our Newsletter!

Thank you for your submission.

Sorry! something went wrong. Please try again.

© Copyright . The Graham Company. All Rights Reserved. Site by Brand X Republic