P.L.2020, Chapter 84 (S.2380, corrected copy)

The record

Jurisdiction

New Jersey (Legislature; binding employers, insurers and public pension systems) · New Jersey

Level

State

Authority

N.J. Const. art. IV; R.S.34:15-1 et seq.

Issued

2020-09-14 Sept. 14, 2020

Effective

2020-09-14, 'retroactive to March 9, 2020' (sec. 5) (read as 2020-09-14)

End

Applies to contraction 'during the public health emergency declared by an executive order of the Governor and any extension of the order' (the New Jersey public health emergency declared by EO 103 ended June 4, 2021 under EO 244; see the NJ State file) (read as 2021-06-04)

In force

Sept. 14, 2020 to June 4, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Workplace rulesOther

Addressees

• every public and private employer of 'essential employees' (public safety workers and first responders; medical, health-care, emergency transportation, social-service and care workers; employees whose functions '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'; and any employee deemed essential by the public authority declaring the emergency)
• workers'-compensation insurers and the Compensation Rating and Inspection Bureau

Functions reached

• HR and WF for every employer of essential workers who worked outside the home (presumptive compensability, retroactive to March 9, 2020)
• OP claims and insurance (experience-rating exclusion)
• CB (insurers)
• SF, DR, WH, FB: retail, transportation, hotel, financial-services and food-distribution employers named as 'essential' by the statute

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

2. If, during the public health emergency declared by an executive order of the Governor and any extension of the order, an individual contracts coronavirus disease 2019 during a time period in which the individual is working in a place of employment other than the individual's own residence as a health care worker, public safety worker, or other essential employee, there shall be a rebuttable presumption that the contraction of the disease is work-related and fully compensable for the purposes of benefits provided under R.S.34:15-1 et seq., ordinary and accidental disability retirement, and any other benefits provided by law to individuals suffering injury or illness through the course of their employment. This prima facie presumption may be rebutted by a preponderance of the evidence showing that the worker was not exposed to the disease while working in the place of employment other than the individual's own residence. 3. Any workers' compensation claims paid according to section 2 of this act shall not be considered in calculating an employer's Experience Modification Factor... 5. This act shall take effect immediately and shall be retroactive to March 9, 2020.

Enforcement

Notes