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2018 New Jersey Revised Statutes
Title 34 - LABOR AND WORKMEN'S COMPENSATION
Chapter 15 - Employees' right to recover for negligent injury; willful negligence as defense; jury question
- Section 34:15-1 - Employees' right to recover for negligent injury; willful negligence as defense; jury question
- Section 34:15-2 - Defenses abolished
- Section 34:15-3 - Contract not to bar liability
- Section 34:15-4 - Death of employee
- Section 34:15-5 - Burden of proof
- Section 34:15-6 - Liens for legal services
- Section 34:15-7 - Compensation by agreement; defenses; burden of proof
- Section 34:15-7.1 - Horseplay or skylarking on part of fellow employees
- Section 34:15-7.2 - Claim based on cardiovascular or cerebral vascular causes; preponderance of credible evidence of proof of cause by work effort
- Section 34:15-7.3 - Worker's compensation for injury, death occurring while responding to law enforcement, public safety, medical emergency
- Section 34:15-8 - Election surrender of other remedies
- Section 34:15-9 - Presumption as to acceptance of elective compensation provisions
- Section 34:15-10 - Employment of minors
- Section 34:15-11 - Termination of contract
- Section 34:15-12 - Schedule of payments
- Section 34:15-12.1 - Employees receiving subsistence payments from Veterans Administration; special benefits
- Section 34:15-12.2 - Fund from which special benefit payable
- Section 34:15-12.3 - Amount of special benefit
- Section 34:15-12.4 - Application for special benefits; payment
- Section 34:15-12.5 - Retroactive effect
- Section 34:15-12.6 - Period for making application
- Section 34:15-12.7 - Damage to prosthetic devices, hearing aids, artificial members; dental appliances or eyeglasses; liability
- Section 34:15-13 - Death benefits, burial expenses; computation and distribution.
- Section 34:15-14 - Waiting period.
- Section 34:15-15 - Medical and hospital service.
- Section 34:15-15.1 - Reimbursement of insurance company or others paying medical, surgical or hospital expenses
- Section 34:15-15.2 - Hospital service; care required; expenses
- Section 34:15-15.3 - Motion by worker for emergent medical treatment.
- Section 34:15-15.4 - Designation of contact person by carrier, self-insured employer.
- Section 34:15-16 - Compensation to run consecutively; payment for compensation, medical treatment, etc., after termination of liability
- Section 34:15-17 - Notification of employer
- Section 34:15-18 - Service of notice; form; sufficiency
- Section 34:15-19 - Examination of employee as to physical condition; X-rays
- Section 34:15-20 - Dispute; submission to division; order approving settlement
- Section 34:15-21 - Payments in case of death; to whom made; bond
- Section 34:15-22 - Dispute; procedure; agreement no bar to determination on merits
- Section 34:15-23 - Refusal of medical and surgical treatment by employee
- Section 34:15-24 - Payment of whole award in trust
- Section 34:15-25 - Commutation of award
- Section 34:15-26 - Counsel fees
- Section 34:15-27 - Modification of agreement; review of award, determination, rule for judgment or order approving settlement
- Section 34:15-28 - Interest on payments withheld.
- Section 34:15-28.1 - Delay or refusal in payment of temporary disability compensation; penalty
- Section 34:15-28.2 - Powers of judges of compensation.
- Section 34:15-28.3 - Fines, penalties, assessments, costs not included in expense base of insurer.
- Section 34:15-28.4 - Rules, regulations.
- Section 34:15-29 - Compensation preferential lien; claim not assignable; set offs
- Section 34:15-30 - Occupational disease; compensation for death or injury; exception
- Section 34:15-31 - "Compensable occupational disease" defined
- Section 34:15-32 - Occupational disease; determining disability and amount of compensation
- Section 34:15-33.2 - Effective date
- Section 34:15-33.3 - Application to uninsured employer's fund for certain claims for exposure to asbestos.
- Section 34:15-34 - Time for claiming compensation for occupational disease
- Section 34:15-35 - Provisions applicable to occupational diseases; claim for accident excluded
- Section 34:15-35.10 - Occupational hearing loss
- Section 34:15-35.11 - Definitions
- Section 34:15-35.12 - Degree of hearing loss; determination of degree
- Section 34:15-35.13 - Liability for hearing loss; previous hearing loss; audiometric testing
- Section 34:15-35.14 - Administration of testing; fraud
- Section 34:15-35.15 - Frequencies; evaluation of hearing loss
- Section 34:15-35.16 - Hearing tests; instruments; test conditions
- Section 34:15-35.17 - Audiometric technician to perform hearing test; audiologic evaluation
- Section 34:15-35.18 - Compensation amount
- Section 34:15-35.19 - Filing claims; time limitations
- Section 34:15-35.20 - Time for filing claims; date of disability
- Section 34:15-35.21 - Award; use of hearing aids
- Section 34:15-35.22 - Failure to use protective devices, compensation for hearing loss
- Section 34:15-36 - Definitions.
- Section 34:15-37 - Wages; computation
- Section 34:15-37.1 - Payment of full compensation to certain injured officers.
- Section 34:15-37.2 - Payment of full compensation to certain injured parole officers.
- Section 34:15-37.3 - Certain injured officers to receive full compensation.
- Section 34:15-37.4 - Certain injured civilian employees to receive full compensation.
- Section 34:15-37.5 - Certain injured probation officers to receive full compensation.
- Section 34:15-37.6 - "Serious bodily injury" defined.
- Section 34:15-38 - Method of calculating compensation for temporary disability
- Section 34:15-39 - Agreements and releases invalid
- Section 34:15-39.1 - Unlawful discharge of, or discrimination against, employee claiming compensation benefits; penalty
- Section 34:15-39.2 - Additional penalty; summary recovery
- Section 34:15-39.3 - Liability of employer for penalty
- Section 34:15-40 - Liability of third party.
- Section 34:15-41 - Claims barred after two years
- Section 34:15-41.1 - Claimant in country at war with United States or with which postal communications are suspended; limitations
- Section 34:15-42 - Constitutionality and construction
- Section 34:15-43 - Compensation for injury in line of duty.
- Section 34:15-43.2 - Volunteer fire department members; respiratory diseases; presumption of occupational disease
- Section 34:15-43.3 - Time of development or first manifestation of respiratory disease
- Section 34:15-43.4 - Maximum benefits for volunteers
- Section 34:15-44 - Names of public employees carried on pay roll
- Section 34:15-45 - Guardian's powers
- Section 34:15-46 - Parent to act as guardian
- Section 34:15-48 - Representative appointed for compensation beneficiary
- Section 34:15-49 - Jurisdiction of division; salaries, qualifications, tenure of judges, etc.
- Section 34:15-49.1 - Referees designated judges of compensation
- Section 34:15-49.2 - Inapplicability of mandatory retirement for worker's compensation judges, certain.
- Section 34:15-49.3 - Certain worker's compensation judges permitted to work beyond age 70.
- Section 34:15-50 - Approval and filing of agreement
- Section 34:15-51 - Filing of petition; two year limit
- Section 34:15-52 - Copy of petition forwarded to employer
- Section 34:15-53 - Time, place and notice of hearing; adjournment
- Section 34:15-54 - Dismissal of petition; notice; reinstatement
- Section 34:15-54.1 - Referee's powers as to dismissal of petitions for want of prosecution and reinstatement; discontinuances
- Section 34:15-55 - Service of papers
- Section 34:15-55.1 - Secretary of workmen's compensation bureau as agent for service of process on nonresidents; method and effect of service; continuances
- Section 34:15-56 - Rules of evidence
- Section 34:15-57 - Summary hearing; power to modify and commute award, determination and rule for judgment or order approving settlement
- Section 34:15-57a - Notice of unemployment compensation, conditions
- Section 34:15-57.1 - Reimbursement of benefits paid under Temporary Disability Benefits Law
- Section 34:15-57.2 - Inquiry as to other payments received before paying compensation; proof of amounts paid
- Section 34:15-57.3 - Effective date
- Section 34:15-57.4 - Workers' compensation fraud, crime of fourth degree; civil liability.
- Section 34:15-58 - Judgment and settlement filed, receipts, bar of judgment
- Section 34:15-59 - Docket; records
- Section 34:15-60 - Subpoenas, fees, contempt
- Section 34:15-61 - Administering oaths; perjury
- Section 34:15-62 - Public hearings
- Section 34:15-63 - No filing fees
- Section 34:15-64 - Rules, regulations; fees for witnesses, attorneys.
- Section 34:15-65 - Deposition of absent witness
- Section 34:15-66 - Appeal; costs
- Section 34:15-66.1 - Judgment docketed; execution; supplementary proceedings
- Section 34:15-68 - Physical examination of employee
- Section 34:15-69 - Copy of judgment to be filed with director
- Section 34:15-69.1 - Discontinuance or sale of business; discharge of employer from further liability; assumption of obligations by third party
- Section 34:15-69.2 - Order; filing; effect
- Section 34:15-69.3 - Applicability of provisions of Title to third party assuming obligations
- Section 34:15-70 - Short title
- Section 34:15-71 - Employer's obligation to injured employee
- Section 34:15-72 - Employers not electing benefits of compensation law required to insure
- Section 34:15-73 - Proof of compliance
- Section 34:15-74 - Compensation insurance provided for certain volunteers by municipality or county
- Section 34:15-74.1 - Compensation insurance by volunteer fire company for volunteer firemen and volunteer first aid or rescue squad workers
- Section 34:15-74.2 - Compensation insurance by board of education for members of board
- Section 34:15-75 - Compensation for injury, death for certain volunteers.
- Section 34:15-76 - Payments to certain volunteers
- Section 34:15-77 - Employer carrying own insurance
- Section 34:15-77.1 - Hospitals; group self-insurance; conditions
- Section 34:15-77.2 - Liability for compensation prescribed by Title 34; bankruptcy of participating employer
- Section 34:15-77.3 - Addition or termination of participating employers; notice
- Section 34:15-77.4 - Termination of plan; surety bond; insurance policy
- Section 34:15-77.5 - Financial statement; description of service organizations
- Section 34:15-77.6 - Annual examination
- Section 34:15-77.7 - Denial of application or revocation of consent
- Section 34:15-77.8 - Rules and regulations
- Section 34:15-78 - Insurance in stock or mutual company; notice filed by company; domestic help excepted
- Section 34:15-79 - Penalties for failure to carry insurance.
- Section 34:15-79.1 - Proof of workers' compensation coverage required with certain annual reports of employers.
- Section 34:15-80 - Notices of insurance posted
- Section 34:15-81 - Cancellation of contract; notice
- Section 34:15-82 - Liability for injuries or death
- Section 34:15-83 - Insurance contract for benefit of employees and dependents
- Section 34:15-84 - Enforcement of provisions
- Section 34:15-85 - Knowledge of injury; jurisdiction
- Section 34:15-86 - Insurance carrier directly liable
- Section 34:15-87 - Limitations and restrictions on liability
- Section 34:15-88 - Classification of risks, rates, schedules and rules; approval by insurance commissioner
- Section 34:15-89.1 - Notification to mutual associations, stock companies of requirements of employer ID numbers.
- Section 34:15-90.1 - Compensation Rating and Inspection Bureau continued; directors, appointment, terms.
- Section 34:15-90.2 - Authority of Compensation Rating and Inspection Bureau.
- Section 34:15-90.3 - Effective date.
- Section 34:15-91 - Actuary and additional assistants in insurance department
- Section 34:15-92 - Domestic help excepted
- Section 34:15-92.1 - Other exceptions
- Section 34:15-93 - Expense of enforcement; payments by insurers
- Section 34:15-94 - Annual surcharge for Second Injury Fund.
- Section 34:15-95 - Second Injury Fund
- Section 34:15-95.1 - Application for benefits; decision; review; Commissioner of Labor as party
- Section 34:15-95.2 - Vested rights
- Section 34:15-95.3 - Application of chapter; exemption of mutual agricultural insurance companies
- Section 34:15-95.4 - Special adjustment benefit payment
- Section 34:15-95.5 - Reduction of disability benefits for persons under age sixty-two; exception
- Section 34:15-96 - First report of accident.
- Section 34:15-98 - Final report of accident.
- Section 34:15-99 - Report not public.
- Section 34:15-100 - Medical reports
- Section 34:15-101 - Penalty for noncompliance
- Section 34:15-102 - Rules and regulations; agreements filed
- Section 34:15-103 - Short title
- Section 34:15-104 - Definitions.
- Section 34:15-105 - Workers' compensation security fund.
- Section 34:15-105.1 - Workers' compensation security fund transferred.
- Section 34:15-106 - Annual returns by carriers; "net written premiums" defined.
- Section 34:15-107 - Contributions to the fund.
- Section 34:15-108 - Contributions, when ceased; resumption of contributions.
- Section 34:15-111 - Payment of claims; application; recovery.
- Section 34:15-117 - Insolvency of carrier; notice to Division of Workers' Compensation; report of conditions.
- Section 34:15-120.1 - Uninsured employer's fund
- Section 34:15-120.2 - Benefit payments
- Section 34:15-120.3 - Default by uninsured employer; judgment.
- Section 34:15-120.4 - Application for compensation
- Section 34:15-120.5 - Subrogation; right of fund against employer
- Section 34:15-120.6 - Annual accounting
- Section 34:15-120.7 - Rules, regulations
- Section 34:15-120.8 - Limitation on liability
- Section 34:15-120.9 - Action against employer
- Section 34:15-120.10 - Administrative expenses; $10,000 limit
- Section 34:15-120.11 - Duties of Division of Workers' Compensation
- Section 34:15-120.12 - Notification of change in income
- Section 34:15-120.13 - Exhaustion of remedies
- Section 34:15-120.14 - Other obligations unaffected
- Section 34:15-120.15 - Definitions
- Section 34:15-120.16 - "New Jersey Self-Insurers Guaranty Association"
- Section 34:15-120.17 - Board of directors
- Section 34:15-120.18 - Association obligated for payment of compensation; powers; assessments
- Section 34:15-120.19 - Insolvency Fund
- Section 34:15-120.20 - Plan of operation
- Section 34:15-120.21 - Written notice of bankruptcy proceedings, determination of insolvency
- Section 34:15-120.22 - Powers of department
- Section 34:15-120.23 - Assignment of rights to association
- Section 34:15-120.24 - Detection, prevention of employer insolvencies
- Section 34:15-120.25 - Examination, regulation of association
- Section 34:15-120.26 - Immunity from liability
- Section 34:15-120.27 - Stay of proceedings
- Section 34:15-120.28 - Deadline for filing claims
- Section 34:15-120.29 - Additional obligations of association
- Section 34:15-120.30 - Construction of act
- Section 34:15-121 - Workers' compensation formal cases; records, destruction
- Section 34:15-122 - Records of workmen's compensation of kind specified in article six
- Section 34:15-123 - Agreements for payment of workmen's compensation
- Section 34:15-124 - Records and papers not part of record of workmen's compensation formal cases
- Section 34:15-125 - Records on microfilm or other media, destruction
- Section 34:15-126 - Force, effect of microfilm or other media
- Section 34:15-127 - Liability for destruction of records
- Section 34:15-128 - Limited right to inspect, copy records.
- Section 34:15-128.1 - Short title.
- Section 34:15-128.2 - Definitions relative to "Workers' Compensation Medical Information Confidentiality Act."
- Section 34:15-128.3 - Disclosure of medical information.
- Section 34:15-128.4 - Withholding information unlawful; certain circumstances.
- Section 34:15-128.5 - Violations, fine, penalty.
- Section 34:15-129 - Short title
- Section 34:15-130 - Findings, declarations.
- Section 34:15-131 - Definitions relative to the New Jersey Horse Racing Injury Compensation Board.
- Section 34:15-132 - "New Jersey Horse Racing Injury Compensation Board" established
- Section 34:15-133 - Powers of board
- Section 34:15-134 - Insurance coverage; assessments.
- Section 34:15-134.1 - Trainer to carry compensation insurance for employees, eligibility for coverage.
- Section 34:15-135 - Employee, employer relationship under the act.
- Section 34:15-136 - Computing wages
- Section 34:15-136.1 - Documentation, maintenance of complete and accurate records of wages paid.
- Section 34:15-137 - Act as supplemental to other arrangements
- Section 34:15-138 - Plan of operation
- Section 34:15-139 - Commission examination, financial report
- Section 34:15-140 - Tax exemption
- Section 34:15-141 - Liability limited
- Section 34:15-142 - Applicability of R.S.34:15-1 et seq.
- Section 34:15-143 - Definitions relative to electronic medical bills for workers' compensation claims.
- Section 34:15-144 - Rules, regulations.
- Section 34:15-145 - Jurisdiction vested in division.
- Section 34:15-146 - Inapplicability of act.
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