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Covid-19 Vaccine & Worker's Comp Insurance

At our last state meeting, a question was asked regarding any potential issues arising from a member receiving the Covid-19 vaccine and having an adverse reaction. Please see below for the information we received from our Workers' Comp Attorney:

"I have had a number of inquiries concerning the effect of the vaccine and subsequent brief (hopefully!) illnesses on firefighters. As I mentioned during my brief talk at your video meeting, the Canzanella Act covers this:

  1. N.J.S.A. 34:15-31.6 provides that any injury, illness, or death of any public safety worker resulting from administration to the worker of a vaccine, to prepare for, or respond to any actual threatened or potential bioterrorism or epidemic, as part of an inoculation program IN CONNECTION with the workers’ employment or in connection with any governmental program OR recommendation for the inoculation of workers in the workers’ occupation, geographical area or other category that includes the worker, or resulting from the transmission of disease from another employee or member of the public inoculated under the program, is PRESUMED to arise out of and in the course of the employment and all care or treatment of the worker, including testing, diagnosis, surveillance and monitoring, and ALL TIME during which the worker is UNABLE TO WORK while receiving the care or treatment, is compensable under the provisions of (The Workers’ Compensation Act) .
  2. There is no waiting period for workers compensation temporary disability under the Act. They are covered by WORKERS COMP temporary disability, from DAY ONE.

There are several other aspects of the statute that bear discussion, and I am available to add detail or procedural assistance if you require anything further.

Best regards,

Richard B. Rubenstein, Esq.

Rothenberg, Rubenstein, Berliner & Shinrod, LLC

70 So. Orange Ave, Suite 205

Livingston, NJ 07039

(973) 535-3388

Fax: (973) 535-1760

Certified by the Supreme Court of New Jersey as a Workers’ Compensation Attorney

Fellow, American College of Workers’ Compensation"