Workplace Safety: NJ Employment Laws & Workers’ Comp
Date: Apr 11, 2024 12:00 p.m. – 2:30 p.m.
Location: Online
Member Price: $159
Non-Member Price: $199
Section Price: $149
Areas of Law: Labor & Employment
Earn up to 3 credits! (More Information)
Keynote
Moderator
- Yvette Gibbons, Esq.
- Past President, Essex County Bar Association
Employment Compliance Strategies, LLC, South Orange - Stephanie D. Gironda, Esq.
- Wilentz Goldman & Spitzer, Woodbridge
Presenters
- Gail Oxfeld Kanef, Esq.
- Oxfeld Cohen PC, Newark
- Richard Rubenstein, Esq.
- Certified By the Supreme Court of New Jersey As a Workers’ Compensation Attorney
Rubenstein, Berliner & Shinrod, LLC - Audra L. Schwartz, Esq.
- Fellig Schwartz LLC, Hackensack
Presented in Cooperation with the NJSBA Labor and Employment Law Section and Ad Hoc Committee
Join us for an illuminating seminar designed to equip employment lawyers with fundamental knowledge of Workers’ Compensation laws in New Jersey and their intersection with state and federal employment regulations. Led by esteemed legal experts, this program will delve into key topics essential for navigating workplace injury claims and safeguarding the rights of employees.
Don't miss this opportunity to enhance your legal expertise and effectively advocate for your clients in Workers’ Compensation and employment law matters. Secure your spot today!
Program Agenda:
- Workers’ Compensation Basics for the Employment Lawyer
- What types of workplace claims fall under the New Jersey Workers’ Compensation Act?
- What is the Workers’ Compensation Exclusivity Provision? When is an employment law claim barred by the exclusivity provision?
- What is the Intentional Wrong Exception to the Workers’ Compensation Exclusivity Provision?
- Discuss Richter v. Oakland Bd. of Ed.
- Can you release a Workers’ Compensation Claim in a settlement agreements? Can you release Workers’ Compensation Retaliation Claims?
- Interaction of the New Jersey Workers’ Compensation Act with New Jersey State and Federal Employment Laws re: Workplace Safety
- What types of claims can employees make against employers in situations where develop illnesses related to environmental hazards at the workplace, e.g. mold, air quality, fragrances?
- Discuss failure to accommodate claims under NJLAD/ADA?
- Issue of “light duty”
- NLRB and OSHA Memorandum of Understanding to Strengthen Health and Safety Protections for Workers
- Toof v. Gap - Employer defenses
- What types of claims can employees make against employers in situations where develop illnesses related to environmental hazards at the workplace, e.g. mold, air quality, fragrances?
- Workers’ Compensation Act Compared to State and Federal Employment Laws re: Damages
- Emotional Distress Damages
- When is emotional distress cognizable in the Workers’ Compensation context?
- Sanderlin v. EI Dupont Co., 102 N.J. 402 (1986)
- Williams v. Western Elec. Co., 178 N.J. Super. 571 (App. Div. 1991), and progeny, Goyden v. State Judiciary, 256 N.J. Super. 438 (App. Div. 1991)
- Schmidt v. Smith (exception to exclusivity of Workers’ Compensation Policy when bodily injury accompanies harassment in the workplace) - Phobias (example of elevator phobia) and how laws interact - Employer Perspective
- Section 40
- Explanation of Section 40- Section 40 of the New Jersey Workers' Compensation Act provides that an employer, or its Workers' Compensation insurance company, will be reimbursed if an injured worker also collects from a person unrelated to the employment (a third party) for the same personal injury.
- How does this affect recovery when there are WC and employment law claims?
- Emotional Distress Damages
- Final Thoughts
- When should you consider Workers’ Compensation if you are an employment law practitioner?
- When should you consider the employment laws if you are a Workers’ Compensation practitioner?
Important Information About Our Events, Meetings, and More:
To secure your spot and receive important updates about our events, meetings, and other gatherings, such as schedule changes, remember to register in advance.
Digital Materials & Environmental Commitment: As part of our commitment to environmental sustainability, unless otherwise noted, all seminar materials are provided as digital downloads. You can access these materials through:
- The “My Links” section at the top of our website for in-person or online events
- Or, for online programs, the event access link included in your joining instructions
Cancellation and Refund Policy:
If you need to cancel your registration and are not transferring to another program or date, please submit a written request to us at least three business days before the event, meeting, or gathering. You will receive a refund minus a $20.00 cancellation fee. No refunds or registration changes will be issued within three business days of the event, meeting, or gathering.
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Read our Scholarship & Financial Assistance Policy and submit an Application here: https://njsba.com/njicle/cle-programs/scholarship/