Change in New Jersey Workers’ Compensation Act Impacts Hand and Foot Claims, Funeral/Burial Expenses and Amputation Awards

Special Workers' Compensation Alert - New Jersey

By
Angela Y. DeMary

On January 21, 2020, New Jersey Governor Phil Murphy signed 152 bills and resolutions into law. Of these new laws, the Downey & Houghtaling Bill modifies N.J.S.A. 34:15-12, which governs the schedule of payment of New Jersey workers’ compensation benefits. There are four significant changes to the statute that practitioners, employers and insurance carriers should be aware of:

(1) the number of weeks payable for hand and foot injuries will increase or, in other words, the value of hand and foot injuries will increase;

(2) the number of weeks payable for certain finger injuries will increase or, in other words, the value of certain finger injuries will increase;

(3) the amount of monies paid for burial and funeral expenses, when applicable, will increase; and

(4) an award of permanent total disability will not bar an additional amount from being added to an amputation award, and any additional award will not be subject to subrogation pursuant to N.J.S.A. 34:15-40.

While indicated to take effect immediately, it is unclear if the new laws will be applied to cases filed on and after January 21, 2020, or to all claims pending as of that date. We are monitoring  on the specifics regarding the increase/values and clarification as to its impact. We will provide updated information as it is received.

 

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