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

Event Code: I148024

Areas of Law: Labor & Employment

Earn up to 3 credits! (More Information)




Yvette Gibbons, Esq.
Past President, Essex County Bar Association
Employment Compliance Strategies, LLC, South Orange
Stephanie D. Gironda, Esq.
Wilentz Goldman & Spitzer, Woodbridge


Gail Oxfeld Kanef, Esq.
Labor and Employment Law Section, NJSBA
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
  • 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?
  • 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?

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3 hours of total CLE credit (Full Credits Available: NJ General: 3.0).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 3.0
PA CLE:PA Substantive Credit: 2.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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.

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.

Stay Informed:
Registered participants will be notified of any schedule changes. For updates regarding inclement weather, please check your email or visit

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By participating in our events, meetings, or other gatherings, you agree to be photographed and/or recorded. Additionally, all media content captured during these gatherings will become the property of NJSBA. This content, including your image and name, may be used in our future promotional materials without additional consent or compensation.

Scholarship & Financial Assistance Policy:
Read our Scholarship & Financial Assistance Policy and submit an Application here:



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