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

34:15-37.3 Certain injured officers to receive full compensation. 3. Any State Human Services police officer, State conservation police officer, State park police officer, Palisades Interstate Park officer appointed pursuant to R.S.32:14-21, or full-time campus police officer app…

34:15-37.4 Certain injured civilian employees to receive full compensation. 4. Any civilian employee who directly works with or teaches inmates or detainees in a State correctional facility, juvenile correctional facility, or juvenile detention center who, in the course of perfor…

34:15-37.5. Certain injured probation officers to receive full compensation. 5. Any probation officer who, while in the course of performing the officer's official duties, suffers serious bodily injury as the direct result of an assault by a person placed on probation who is unde…

34:15-37.6 "Serious bodily injury" defined. 6. As used in P.L.2017, c.93 (C.34:15-37.1 et seq.), "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the functio…

34:15-38. Method of calculating compensation for temporary disability To calculate the number of weeks and fraction thereof that compensation is payable for temporary disability, determine the number of calendar days of disability from and including as a full day the day that the…

34:15-39. Agreements and releases invalid No agreement, composition, or release of damages made before the happening of any accident, except the agreement defined in section 34:15-7 of this title shall be valid or shall bar a claim for damages for the injury resulting therefrom, …

34:15-39.1. Unlawful discharge of, or discrimination against, employee claiming compensation benefits; penalty It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such…

34:15-39.2. Additional penalty; summary recovery As an alternative to any other sanctions herein or otherwise provided by law, the Commissioner of Labor and Industry may impose a penalty not exceeding $1,000.00 for any violation of this act. He may proceed in a summary manner for…

34:15-39.3. Liability of employer for penalty The employer alone and not his insurance carrier shall be liable for any penalty under this act. L.1966, c. 157, s. 3.

34:15-4. Death of employee The provisions of this article shall apply to any claim for the death of an employee arising under sections 2A:31-1 to 2A:31-6 of the New Jersey Statutes. Amended by L.1953, c. 33, p. 594, s. 49.

34:15-40 Liability of third party. 34:15-40. Where a third person is liable to the employee or his dependents for an injury or death, the existence of a right of compensation from the employer or insurance carrier under this statute shall not operate as a bar to the action of the…

34:15-41. Claims barred after two years In case of personal injury or death all claims for compensation on account thereof shall be forever barred unless a petition is filed in duplicate with the secretary of the workmen's compensation bureau, as prescribed by section 34:15-51 of…

34:15-41.1. Claimant in country at war with United States or with which postal communications are suspended; limitations In computing any limitation of time for filing petitions and instituting proceedings prescribed by chapter fifteen of Title 34 of the Revised Statutes, the tim…

34:15-42. Constitutionality and construction Article 1 of this chapter (s. 34:15-1 et seq.), and article 2 of this chapter (s. 34:15-7 et seq.), are declared to be inseparable and if either be declared void or inoperative in an essential part so that the whole of such article mus…

34:15-43 Compensation for injury in line of duty. 34:15-43. Every officer, appointed or elected, and every employee of the State, county, municipality or any board or commission, or any other governing body, including boards of education, and governing bodies of service districts…

34:15-43.2. Volunteer fire department members; respiratory diseases; presumption of occupational disease Any condition or impairment of health of any member of a volunteer fire department caused by any disease of the respiratory system shall be held and presumed to be an occupati…

34:15-43.3. Time of development or first manifestation of respiratory disease For the purposes herein expressed, the time of development or first manifestation of such disease or diseases shall only be determined by and run from the date of first notice of the existence of such d…

34:15-43.4. Maximum benefits for volunteers A person participating under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey, who is deemed to be an employee of this State under R.…

34:15-44. Names of public employees carried on pay roll When any payment of compensation under this chapter shall be due to any public employee, the name of the injured employee, or in case of his death, the names of the persons to whom payment is to be made as his dependents, sh…

34:15-45. Guardian's powers 34:15-45. In any case where a person under the age of twenty-one years shall be entitled to receive any compensation or distributive share under this chapter any duly authorized guardian of the person and property of such person appointed by the surrog…

34:15-46. Parent to act as guardian 34:15-46. In case a person under the age of twenty-one years shall be entitled to receive a sum or sums amounting, in the aggregate, to not more than two hundred fifty dollars ($250.00) as compensation for injuries, or as a distributive share u…

34:15-48. Representative appointed for compensation beneficiary The commissioner and each deputy commissioner of compensation is hereby authorized and empowered when in his judgment it shall be advisable, to appoint a representative with power to act for a person who may be entit…

34:15-49 Jurisdiction of division; salaries, qualifications, tenure of judges, etc. 34:15-49. a. The Division of Workers' Compensation shall have the exclusive original jurisdiction of all claims for workers' compensation benefits under this chapter. The judges of the Division of…

34:15-49.1. Referees designated judges of compensation Notwithstanding the provisions of R.S. 34:15-49 to the contrary, referees of formal hearings in the Division of Workers' Compensation who have been so employed for a period of 10 years or more and who have been attorneys at l…

34:15-49.2 Inapplicability of mandatory retirement for worker's compensation judges, certain. 18. The mandatory retirement provisions implemented pursuant to this act, P.L.1999, c.380 (C.52:14-15.115 et al.), shall be inapplicable for three years after the effective date of this …

34:15-49.3 Certain worker's compensation judges permitted to work beyond age 70. 20. Notwithstanding the provisions of this act, P.L.1999, c.380 (C.52:14-15.115 et al.), to the contrary, any judge of the Division of Workers' Compensation who is 60 years of age or older on the eff…

34:15-5. Burden of proof In all actions at law brought pursuant to this article, the burden of proof to establish willful negligence of the injured employee shall be upon the defendant.

34:15-50. Approval and filing of agreement Whenever an employer or his insurance carrier and an injured employee, or the dependents of a deceased employee, shall, by agreement, duly signed, settle upon and determine the compensation due to the injured employee, or to the dependen…

34:15-51. Filing of petition; two year limit 34:15-51. Every claimant for compensation under Article 2 of this chapter (R.S. 34:15-7 et seq.) shall, unless a settlement is effected or a petition filed under the provisions of R.S. 34:15-50, submit to the Division of Workers' Compe…

34:15-52. Copy of petition forwarded to employer 34:15-52. Within five days after the filing of the petition or as soon thereafter as is practicable, the Division of Workers' Compensation shall cause a copy of the petition to be forwarded to the employer. The copy shall include a…

34:15-53. Time, place and notice of hearing; adjournment Within 20 days after the filing of an answer, or the expiration of the time for filing an answer if no answer is filed, the secretary of the division shall fix a time and place for hearing the petition, or shall send the pe…

34:15-54. Dismissal of petition; notice; reinstatement No petition shall be dismissed for want of prosecution or for failure to formally adjourn the cause, until after notice shall be served by the respondent on the petitioner or his attorney that unless the cause is moved for he…

34:15-54.1. Referee's powers as to dismissal of petitions for want of prosecution and reinstatement; discontinuances Any referee designated as a "referee, formal hearings," shall have the same power as a deputy director in respect to the dismissal of formal petitions for want of …

34:15-55. Service of papers It shall be sufficient service of any paper, except the original notice to the defendant, if the same is sent by registered mail, addressed to the petitioner at the address contained in the petition, or to the defendant at the address contained in the …

34:15-55.1. Secretary of workmen's compensation bureau as agent for service of process on nonresidents; method and effect of service; continuances Any employer, not a resident of this State, or any employer not licensed to do business in this State, or any resident employer who b…

34:15-56. Rules of evidence At such hearing evidence, exclusive of ex parte affidavits, may be produced by both parties, but the official conducting the hearing shall not be bound by the rules of evidence.

34:15-57. Summary hearing; power to modify and commute award, determination and rule for judgment or order approving settlement The commissioner, the director, and each deputy director, is hereby authorized to hear and determine the matters in dispute in a summary manner, and eac…

34:15-57.1. Reimbursement of benefits paid under Temporary Disability Benefits Law Whenever an employee becomes entitled to or is awarded compensation for temporary disability pursuant to chapter fifteen of Title 34 of the Revised Statutes for the same weeks or period with respec…

34:15-57.2. Inquiry as to other payments received before paying compensation; proof of amounts paid Whenever an employer or his insurance carrier involved in the claim under chapter fifteen of Title 34 of the Revised Statutes shall receive written notice from the Division of Empl…

34:15-57.3. Effective date This act shall take effect on the first day of July, one thousand nine hundred and fifty. L.1950, c. 174, p. 403, s. 3.

34:15-57.4 Workers' compensation fraud, crime of fourth degree; civil liability. 1. a. A person shall be guilty of a crime of the fourth degree if the person purposely or knowingly: (1) Makes, when making a claim for benefits pursuant to R.S.34:15-1 et seq., a false or misleading…

34:15-57a. Notice of unemployment compensation, conditions 3. The Division of Workers' Compensation shall provide notice to each individual receiving compensation under the provisions of the workers' compensation law (chapter 15 of Title 34 of the Revised Statutes), explaining th…

34:15-58. Judgment and settlement filed, receipts, bar of judgment 34:15-58. A statement containing the date and place of hearing, together with the decision, award, determination and rule for judgment or the order approving settlement, shall be legibly written in ink or typewrit…

34:15-59. Docket; records The secretary of the bureau shall keep a docket in which shall be entered the title of each cause, the date of the determination thereof, the date of appeal, if any, and the date on which the record in case of appeal was transmitted to the appellant. The…

34:15-6. Liens for legal services 34:15-6. No claim for legal services or disbursements pertaining to any demand or suit under this chapter shall be an enforceable lien against the amount paid as compensation, unless approved in writing by the court in which the claim is sued upo…

34:15-60. Subpoenas, fees, contempt 34:15-60. The director, each deputy director and each of the referees shall have the same power as the Superior Court to issue subpoenas to compel the attendance of witnesses and the production of books and papers. The fees for the attendance o…