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New Jersey COVID-19 Workers’ Compensation Lawyers

Workers' Comp for Essential Workers Who Contract COVID-19

Under New Jersey Law, it is not necessary for essential workers who developed COVID-19 to prove how it was that they contracted the virus. Instead, there is a legal presumption that any essential worker who contracted the virus, and worked with the public, contracted it through work and are therefore eligible for Workers Compensation benefits. These benefits can include payment of medical expenses, reimbursement for lost wages, and compensation based upon degree of disability. Should an essential worker have passed away from COVID-19, there are also long-term survivor benefits available for their families.

Essential workers include not just emergency and healthcare workers, but also grocery and retail workers, transportation and delivery personnel, workers in the restaurant and service industry, and others who provided needed goods, services or assistance to the public during the pandemic.

You may be entitled to benefits if:

  1. You are an essential worker who contracted COVID-19; or
  2. You are the surviving family member of an essential worker who died as a result of COVID-19.

Thanks to legislation passed by the efforts of advocates like Partner Rich Marcolus, New Jersey has a legal presumption that an essential worker’s contraction of COVID-19 is work related, thereby entitling them to benefits. New Jersey has a broad definition of “essential worker” and many workers quality.

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Who Qualifies As an Essential Worker?

The law broadly defines “essential worker” as:

  1. An employee considered essential in emergency response and recovery operations; or
  2. A public or private employee with duties and responsibilities essential to public health, safety, and welfare.

This broad definition means many different types of essential workers may qualify for benefits after contracting COVID-19. Some examples include:

  • Public safety workers / first responders such as firefighters, police, EMTs, and other emergency service workers.
  • Health care providers and employees who provide emergency transportation, social services, and other care services in health care facilities or homes.
  • Employees who work in physical proximity to the public and are essential to public health, safety, and welfare, such as workers in transportation, hotels and hospitality, residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home; or
  • Other persons deemed essential workers by the authority declaring the state of emergency.

If you are unsure if you qualify as an essential worker under New Jersey workers’ compensation laws, Levinson Axelrod, P.A. can evaluate your case, job duties, and eligibility for benefits.

Leaders in Essential Workers COVID Exposure Cases

Levinson Axelrod, P.A., is a leader in litigating occupational exposure cases related to workers’ compensation and COVID-19:

  • We helped pass the state’s essential worker COVID-19 presumption law.
  • We won New Jersey’s first court order awarding workers’ compensation to an essential worker.
  • We’ve handled some of the first occupational exposure cases arising from the pandemic.

In addition to helping pass the state’s COVID-19 presumption law, our firm secured benefits for a corrections officer who contracted the coronavirus in what is believed to be the first court order in New Jersey awarding workers’ compensation benefits to an essential worker.

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Meet Our Local COVID-19 Workers' Compensation Attorneys

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    Reviews & Testimonials

    *Results may vary depending on your particular facts and legal circumstances.
    • I want to thank you for all of your help settling my case seamlessly and promptly with an unexpected, and speechless outcome. I'm still in a bit of shock and I'm still processing it all. After my case bounced from associate to associate, I had...
      - G.K.

    • Celine took what I thought would be a stressful situation and turned it into a wonderfully positive experience for me and for my family. Her passion for her job, and her compassion towards her clients, is without limit. She is a fighter.

      - P.G.

    • I recently had the pleasure of working with the remarkable attorneys, Celine and Richard, at Levinson Axelrod, and I cannot recommend them highly enough! Thank you for your exceptional work and for going above and beyond to secure justice for your clien

      - P.T.
    • "Thank you and your team for fighting so hard for me."

      Thank you for your quick response and for the information. Most importantly, thank you and your team for fighting so hard for me. I am grateful to have had such a caring and diligent team representing me throughout this ordeal.

      - M.F.

      Why Choose Levinson Axelrod, P.A., P.A.

      Levinson Axelrod, P.A., P.A. has led the charge in advocating for workers who put their lives on the line during the pandemic. We’re trusted by workers and families statewide because we have the resources to win.

      • We’re a U.S. News’ “Best Law Firms” Tier 1 Workers’ Compensation firm.
      • We have won over $1 billion for clients and more than $350 million in the past five years.
      • Our team includes Workers' Compensation and Civil Trial Specialists Certified by the NJ Supreme Court – a distinction earned by less than 3% of attorneys.

      *Results may vary depending on your particular facts and legal circumstances.

      • $1,200,000 Personal Injury Settlement

        While stopped in traffic, an Ocean County man was injured as a result of being rear ended by a dump truck. The plaintiff was receiving treatment for a prior neck problem at the time of the collision but required surgery after the additional problems caused by the accident. Our attorneys were able to combat the defense's arguments through the use of very skilled and competent medical experts and ultimately obtained a settlement of $1.2 million.

      • $987,500.00 Premises Liability Settlement

        Associate Kelley Lavery recently secured a nearly $1 million settlement for a client who fell and fractured both ankles at a parking garage in Jersey City, NJ.

      • $650,000 Personal Injury Settlement
      • $300,000 Workers' Compensation Settlement

        Partner Rich Marcolus obtained a $300,000 workers’ compensation settlement for a law enforcement officer injured in the line of duty.

      • $263,000 Workers' Compensation Settlement

        Attorney Celine Vitale of our firm secured a six-figure workers’ compensation settlement for a sales rep injured while lifting a dresser.

          No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here to learn more about these awards.

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