One at One: Is COVID-19 an “Occupational Disease”?

Today’s Issue:

Would COVID-19 qualify as an “occupational disease” under New Jersey’s Workers’ Compensation Law?

Answer:

It may. Public safety workers such as Police Officers and EMTs who contract communicable diseases are compensated under the law. Other employees must demonstrate that it is more probable than not they contracted COVID-19 as a result of the conditions particular to their place of work. In addition, other employees must demonstrate they did not willfully self-expose themselves or fail to use reasonable protections furnished by the employer.

Resources:

https://www.nj.gov/labor/forms_pdfs/wc/pdf/wc_law.pdf
N.J.S.A. 34:15-30
N.J.S.A. 34:15-31
N.J.S.A. 34:15-31.4
N.J.S.A. 34:15-31.5

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Senior Associate

This post is for informational purposes only and should not be construed as legal advice.