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Hackensack Workers' Compensation Law Blog

Workplace hazards in the pharmaceutical industry

In New Jersey, there are many prominent industries that help to support the state’s economy and make it a great place to live and work. Each represents a different landscape for its employees, and all are regulated by federal standards that ensure workplace safety. According to Choose: New Jersey, the pharmaceutical industry is one of the state’s top employers, and it continues to grow rapidly.

The Occupational Safety and Health Administration identifies the occupational hazards that pharmaceutical professionals face and provides guidelines to employers to prevent injuries and illnesses. In particular, people whose job duties involve compounding medications may be exposed to dangerous levels of toxic substances. Some examples of high risk compounds include hormone medications, some antibiotics and cancer drugs.

Considering workers’ compensation medical care coverage rules

According to recent research by the Workers Compensation Research Institute, injured workers from New York are increasing costs to employers by coming to New Jersey for treatment at ambulatory centers. The number of workers travelling to New Jersey for treatment is on the increase.

Why would injured New York workers come to New Jersey for medical treatment? According to the institute, it is because New York’s workers’ compensation system allows out-of-state providers to bill at the going rate in their geographical area. The costs can be significantly greater out-of-state, sometimes by thousands of dollars.

Recent high court ruling highlights importance of workers’ comp claim notification

We previously wrote about a recent ruling by the Massachusetts Supreme Court which held that employers who have multiple workers’ compensation insurance carriers may not select which insurance carrier is responsible for paying an injured worker’s claim.

The significance of the case for injured workers can be seen in the court’s comment that Massachusetts workers’ compensation law makes insurance companies directly liable for paying workers’ comp benefits to injured workers, and that this liability kicks in not once the employer notifies the insurance company of the claim, but once the employee notifies the employer of an injury.

MA high court ruling provides additional assurance of coverage for injured workers

A recent ruling by the Massachusetts Supreme Court, while dealing with a dispute between how workers’ comp co-insurers pay out claims in situations where not all insurers were provided claim notification has positive implications for injured workers.

The ruling held that employers are not allowed to select which insurance carriers will be responsible for paying an injured worker’s claim, and that co-insurers are not exempt from the obligation to provide coverage simply because they haven’t been notified of a claim.