New Jersey Assembly Bill A3058

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/22
• Refer: 2/28/22

Caption

Requires certain physicians to perform examination for potential brain injury related to workers' compensation award; requires Commissioner of Labor and Workforce Development to mandate brain injury training and protocol for employers and insurance carriers.

Impact

The legislation modifies current workers' compensation statutes by requiring not only the involvement of specialized physicians during examinations but also mandates training and educational protocols for employers. The Commissioner of Labor and Workforce Development is tasked with creating rules that enforce these requirements, leading to a structural change in the way brain injuries are monitored and managed within the realm of workers' compensation. Such regulations aim to improve the understanding and handling of brain injuries in workplaces potentially exposed to explosive hazards.

Summary

Assembly Bill A3058 focuses on enhancing the protections for employees who may suffer from brain injuries, particularly those resulting from blasts. The bill mandates that in any inquiry to award workers' compensation, a physical examination for potential traumatic brain injuries must be conducted by a qualified physician experienced in diagnosing and treating such injuries. This provision aims to ensure that injuries resulting from blasts—defined as destructive waves of compressed air from explosions—are adequately recognized and treated, as they can occur even without direct trauma to the head.

Contention

While the bill is poised to enhance workplace safety and provide better healthcare paths for injured employees, it may encounter opposition concerning the increased regulatory burden placed on employers and insurance providers. Critics may argue that the costs associated with implementing mandatory training and hiring specialists could be substantial, potentially impacting small businesses disproportionately. Proponents, however, emphasize the long-term benefits of early detection and intervention in brain injuries, advocating for stronger protections and support for employees who are at risk due to their employment.