On September 24, 2021, Governor Phil Murphy signed into law Legislative Bill A-2617/S-2998 requiring employers with at least 50 employees to provide a hiring preference to an employee injured in a work-related injury who has reached maximum medical improvement and cannot return to the employee’s former position with that employer (hereafter the “WC Reinstatement Law”) Specifically, WC Reinstatement Law’s addition to Title 34 of the New Jersey Workers Compensation Laws (WCL) requires that:
Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential duties of the position.
The reference to “maximum medical improvement” (MMI) is a term that is used when additional treatment will no longer improve the medical condition of the injured worker. Under the WCL a worker injured on the job is entitled to receive all necessary and reasonable medical treatment, prescriptions and hospitalization services related to the work injury are paid by the employer’s insurance carrier or directly by the employer if they are self-insured. The employer has the right to designate the authorized treating physician for all work-related injuries. The worker, in some cases, may be left with either partial permanent injuries or total permanent injuries. Workers compensation authorized medical treatment, and temporary total disability benefits if applicable, are terminated when the worker is released to return to work in some capacity or if he or she has reached MMI.