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WC Presumption of Compensability for Certain Employees Will End July 3

June 11, 2021

During the height of the COVID-19 pandemic, New Jersey changed the standard of compensability under workers compensation statute for “essential employees.” The law created a rebutable presumption that the exposure took place at work, which would trigger the compensability of benefits under workers compensation. This change in the law is only effective while the public health emergency remains in effect.

The Declared State of Emergency in New Jersey is set to expire on July 3, 3021, and, as a result, the burden of proof for establishing compensability for a COVID-19 infection will revert back to the higher standard of establishing “work-related.”

For a state-by-state tracker on COVID-19 Workers’ Compensation legislation enacted in 2021 click here. For a state-by-state tracker on COVID-19 Workers’ Compensation legislation enacted in 2020 click here.

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Workers Compensation