Prohibits payment of workers' compensation benefits for injury related to contraction of virus except in circumstance when employer commits gross negligence.
Impact
If enacted, A1156 would directly alter the legal standards for receiving workers' compensation benefits in New Jersey. By imposing a stricter requirement that employees demonstrate gross negligence to qualify for compensation, the bill may deter legitimate claims. This change could have a chilling effect on employees' willingness to report illness or seek relief due to fear of not meeting the new requirements, thereby impacting their financial security.
Summary
Assembly Bill A1156 aims to amend the New Jersey workers' compensation framework by restricting benefits for employees who contract a virus while on the job. Under the proposed law, workers would only be eligible for compensation if they can prove that their contraction of the virus resulted from gross negligence on the part of their employer. This marks a significant shift from the traditional workers' compensation system, which typically allows for claims based on any employment-related injury, regardless of negligence standards.
Support
Proponents of A1156 argue that the measure is necessary to protect employers from unwarranted claims, particularly in the context of the COVID-19 pandemic, where virus-related claims have surged. They assert that the bill will help prevent abuse of the workers' compensation system and ensure that only cases with clear evidence of employer failure warrant compensation. Supporters believe that this will create a more balanced approach to workers' compensation claims associated with infectious diseases.
Contention
The introduction of A1156 has raised significant concerns among labor advocates and employee rights groups. Critics argue that the bill disproportionately places the burden of proof on employees, making it exceedingly difficult for them to secure benefits for legitimate claims of virus contraction. Additionally, there is apprehension that the definition of 'gross negligence' within the context of this bill may lead to varying interpretations, potentially causing inconsistencies in how claims are handled across different workplaces.
Provides relative to maximum medical improvement, income benefits, the misrepresentation of benefits or payments, and the rehabilitation of injured employees under workers' compensation (EG -$550,900 SG EX See Note)
Provides workers' compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks.