Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:15-25. Commutation of award 34:15-25. Compensation may be commuted by the bureau at its present value, when discounted at five per centum (5%) simple interest, upon application of either party, with due notice to the other, if it appears that such commutation will be for the b…

34:15-26. Counsel fees 34:15-26. When any proceedings have been taken under the provisions of article two of this chapter, the bureau or the Superior Court shall, as a part of the determination and order, either for payment or for commutation of payment, settle and determine the …

34:15-27 Modification of agreement. 34:15-27. An agreement for compensation may be modified at any time by a subsequent agreement. Upon the application of any party, a formal award, determination, judgment, or order approving settlement may be reviewed within two years from the d…

34:15-28 Interest on payments withheld. 34:15-28. Interest on payments withheld. Whenever lawful compensation shall have been withheld from an injured employee or dependents for a term of 60 or more days following entry of a judgment or order, simple interest on each weekly payme…

34:15-28.1. Delay or refusal in payment of temporary disability compensation; penalty If a self-insured or uninsured employer or employer's insurance carrier, having actual knowledge of the occurrence of the injury, or having received notice thereof such that temporary disability…

34:15-28.2 Powers of judges of compensation. 1. If any employer, insurer, claimant, or counsel to the employer, insurer, or claimant, or other party to a claim for compensation, fails to comply with any order of a judge of compensation or with the requirements of any statute or r…

34:15-28.3 Fines, penalties, assessments, costs not included in expense base of insurer. 2. Any fine, penalty, assessment, or cost, imposed on an insurer pursuant to section 1 of this act, shall not be included in the expense base of that insurer for the purpose of determining ra…

34:15-28.4 Rules, regulations. 3. The Commissioner of Labor and Workforce Development shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to implement the provisions of this act. L.2008, c.93, s.3…

34:15-29. Compensation preferential lien; claim not assignable; set offs The right of compensation granted by this chapter shall have the same preference against the assets of the employer as is now or may hereafter be allowed by law for a claim for unpaid wages for labor. Claims…

34:15-3. Contract not to bar liability If an employer enters into a contract, written or verbal, with an independent contractor to do part of such employer's work, or if such contractor enters into a contract, written or verbal, with a subcontractor to do all or any part of such …

34:15-30. Occupational disease; compensation for death or injury; exception When employer and employee have accepted the provisions of this article as aforesaid, compensation for personal injuries to or for death of such employee by any compensable occupational disease arising ou…

34:15-31. "Compensable occupational disease" defined a. For the purpose of this article, the phrase "compensable occupational disease" shall include all diseases arising out of and in the course of employment, which are due in a material degree to causes and conditions which are …

34:15-31.10 Report to Legislature. 9. On the first day of the 18th month following the date of enactment of P.L.2019, c.156 (C.34:15-31.2 et seq.) and annually on the anniversary of the effective date of P.L.2019, c.156 (C.34:15-31.2 et seq.), the Commissioner of the Department o…

34:15-31.11 Definitions relative to essential employees contracting COVID-19. 1. As used in this act: "Essential employee" means an employee in the public or private sector who, during a state of emergency: (1) is a public safety worker or first responder, including any fire, pol…

34:15-31.12 Rebuttable presumption that contraction of the disease is work-related and compensable. 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 t…

34:15-31.13 Payment of compensation not considered factor in certain calculations. 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, pursuant to the New Jersey Workers' …

34:15-31.14 Construction of act. 4. This act is intended to affirm certain rights of essential employees under the circumstances specified in this act, and shall not be construed as reducing, limiting or curtailing any rights of any worker or employee to benefits provided by law.…

34:15-31.15 Definitions. 1. As used in P.L.2025, c.134 (C.34:15-31.15 et seq.): “Critical incident” means an event involving the firing of a weapon or an exchange of gun fire; serious bodily injury to or the death of a minor; a terrorist act; a hostage situation; serious bodily i…

34:15-31.16 Employer of first responders, 12 hours of paid confidential counseling. 2. a. An employer of first responders shall provide for up to 12 hours of paid confidential counseling compensable under the provisions of R.S.34:15-1 et seq. with a mental health professional to …

34:15-31.17 Interactions between law enforcement officer and resiliency program officer, confidential. 3. Interactions related to mental health support between a law enforcement officer and a resiliency program officer or a member of a peer support team shall be confidential. A r…

34:15-31.2 Short title. 1. This act shall be known and may be cited as the "Thomas P. Canzanella Twenty First Century First Responders Protection Act." L.2019, c.156, s.1.

34:15-31.3 Findings, declarations relative to workers' compensation for certain public safety workers. 2. The Legislature hereby finds and declares: a. Since the terrorist attacks of September 11, 2001, and the subsequent discovery of terrorist use of anthrax against American cit…

34:15-31.4 Definitions relative to workers' compensation for certain public safety workers. 3. For the purposes of this act: "Hazardous chemicals or materials used in, or related to, chemical warfare" means chemicals and materials which may be used in chemical warfare, including,…

34:15-31.5 Requirements for public safety worker to receive compensation. 4. If a public safety worker can demonstrate that in the course of his or her employment, the worker is: a. exposed to: (1) the excretions, secretions, blood or other bodily fluids of one or more other indi…

34:15-31.6 Injury, illness, death resulting from administration of vaccine eligible for compensation. 5. Any injury, illness or death of any public safety worker, resulting from the administration to the worker of a vaccine including, but not limited to, smallpox vaccine, to prep…

34:15-31.7 Injury, illness, death caused by certain substances eligible for compensation. 6. Any injury, illness or death of a public safety worker which may be caused by exposure to a known carcinogen, cancer-causing radiation or a radioactive substance, including cancer and dam…

34:15-31.8 Injury, illness, death of firefighter caused by cancer eligible for compensation. 7. Any injury, illness or death of a firefighter which may be caused by cancer, including leukemia, shall be presumed to be an occupational disease compensable under the provisions of R.S…

34:15-31.9 Intent, construction of act. 8. This act is intended to affirm certain rights of public safety workers and other employees under the circumstances specified in this act with respect to compensation provided pursuant to R.S.34:15-1 et seq. and shall not be construed as …

34:15-32. Occupational disease; determining disability and amount of compensation The compensation payable for death or disability total in character and permanent in quality resulting from an occupational disease shall be the same in amount and duration and shall be payable in t…

34:15-33.2. Effective date This act shall take effect on January first, one thousand nine hundred and forty-nine. L.1948, c. 468, p. 1916, s. 4.

34:15-33.3 Application to uninsured employer's fund for certain claims for exposure to asbestos. 2. a. In the case of a claim for compensation for an occupational disease resulting in injury or death from an exposure to asbestos, if after due diligence, the standards for which sh…

34:15-34. Time for claiming compensation for occupational disease Notwithstanding the time limitation for the filing of claims for compensation as set forth in sections 34:15-41 and 34:15-51, or as set forth in any other section of this Title, there shall be no time limitation up…

34:15-35. Provisions applicable to occupational diseases; claim for accident excluded All provisions of this article and article 3 of this title (s. 34:15-36 et seq.), applicable to claims for injury or death by accident, shall apply to injury or death by compensable occupational…

34:15-35.10. Occupational hearing loss Compensation for noise induced occupational loss of hearing which constitutes an occupational disease shall be paid only as provided in this act. All provisions of chapter 15 of Title 34 of the Revised Statutes applicable to claims for injur…

34:15-35.11. Definitions As used in this act: a. "Noise induced occupational hearing loss" means a permanent bilateral loss of hearing acuity of the sensorineural type due to prolonged, habitual exposure to hazardous noise in employment. For purposes of this supplementary act, su…

34:15-35.12. Degree of hearing loss; determination of degree a. For purposes of determining the degree of hearing loss for awarding compensation for noise induced occupational hearing loss, the average hearing threshold for each ear shall be determined by adding the hearing thres…

34:15-35.13. Liability for hearing loss; previous hearing loss; audiometric testing a. Where hearing loss measurement is practicable, an employer shall be liable for the hearing loss of an employee to which his employment has contributed. If previous occupational hearing loss or …

34:15-35.14. Administration of testing; fraud A judge or referee of compensation shall have the discretion to order further audiometric testing if there is any suspicion of fraud or any question of reliability in the administration of the testing provided for by sections 3 and 4 …

34:15-35.15. Frequencies; evaluation of hearing loss In any evaluation of occupational hearing loss, only hearing levels at frequencies of 1,000, 2,000, and 3,000 Hertz shall be considered. L.1979, c. 285, s. 6.

34:15-35.16. Hearing tests; instruments; test conditions Hearing levels shall be determined at all times by using puretone air-conduction audiometric instruments calibrated in accordance with American National Standard ANSI S3.6-1969-R 1973 and ANSI S3.13-1972 and performed in an…

34:15-35.17. Audiometric technician to perform hearing test; audiologic evaluation All hearing tests shall be performed by a person at the level of a certified audiometric technician or above; an individual who meets the training requirements specified by the Intersociety Committ…

34:15-35.18. Compensation amount There shall be payable for total hearing loss 200 weeks of compensation. Partial disability compensation shall be paid for such periods as are proportionate to the relation which the calculated percentage loss bears to 100% hearing loss and shall …

34:15-35.19. Filing claims; time limitations Time limitations for the filing of claims for compensation for occupational hearing loss shall be in accordance with time limitations for the filing of claims for compensation for compensable occupational disease set forth in R.S. 34:1…

34:15-35.20. Time for filing claims; date of disability No claims for compensation for occupational hearing loss shall be filed until after 4 full consecutive calendar weeks have elapsed since removal from exposure to hazardous noise in employment. Removal from exposure to hazard…

34:15-35.21. Award; use of hearing aids No reduction in award for hearing loss shall be made if the ability of the employee to understand speech is improved by the use of a hearing aid. L.1979, c. 285, s. 12.

34:15-35.22. Failure to use protective devices, compensation for hearing loss No compensation shall be payable for loss of hearing caused by hazardous noise after the effective date of this act if an employer can properly document that despite repeated warnings, an employee willf…