{"id":3650,"date":"2022-10-17T19:02:59","date_gmt":"2022-10-17T19:02:59","guid":{"rendered":"https:\/\/www.petrilloandgoldberg.com\/?p=3650"},"modified":"2023-11-03T16:44:54","modified_gmt":"2023-11-03T16:44:54","slug":"una-asociacion-empresarial-pide-al-gobernador-de-nueva-jersey-que-revoque-la-presuncion-de-que-los-casos-de-covid-19-entre-los-trabajadores-esenciales-estan-relacionados-con-el-trabajo","status":"publish","type":"post","link":"https:\/\/www.petrilloandgoldberg.com\/es\/2022\/10\/business-association-asks-nj-governor-to-reverse-presumption-that-essential-employees-covid-19-was-work-related\/","title":{"rendered":"Una asociaci\u00f3n de empresas pide al gobernador de Nueva Jersey que anule la presunci\u00f3n de que el COVID-19 de un empleado esencial estaba relacionado con el trabajo"},"content":{"rendered":"\n

New Jersey Business & Industry Association (NJBIA) formally asked Governor Phil Murphy to use his executive powers to nullify a 2020 law that created a presumption that essential workers\u2019 who developed COVID-19 were exposed at work. This has been a critical help for the thousands of New Jersey workers who contracted COVID-19 over the past few years in that it makes it much easier for them to obtain worker\u2019s compensation benefits<\/a>.<\/p>\n\n\n\n

The NJBIA is an organization that advocates for employers across the state. According to a spokesperson for the NJBIA, “[o]ver the past two years, and particularly during the recent omicron surge, it has been made abundantly clear that COVID-19 can be transmitted just about anywhere as people go about their daily lives.\u201d In turn, the NJBIA wants to do away with the current presumption of work-relatedness because it is \u201cunreasonable\u201d to force employers to prove that a worker\u2019s case of COVID-19 did not arise as a result of their employment.<\/p>\n\n\n\n

What Does NJ Workers\u2019 Comp Law Currently Say About COVID-19?<\/h2>\n\n\n\n

Anytime employees file for workers’ compensation benefits, they must establish that their injury or condition resulted from their employment. This is often not an issue for injuries stemming from on-the-job accidents, such as a broken arm. However, for occupational diseases, including COVID-19<\/a>, it is a much more significant challenge.<\/p>\n\n\n\n

In 2020, New Jersey lawmakers passed a bill that created a rebuttable presumption that a case of COVID-19 was work-related for any essential employee. Any essential employee who develops COVID-19 will be presumptively able to file for workers\u2019 compensation benefits<\/a>, provided they meet the additional requirements.<\/p>\n\n\n\n

The workers who are currently covered by this presumption include:<\/p>\n\n\n\n