§ 34:15-1 Employees’ right to recover for negligent injury; willful negligence as defense; jury question
§ 34:15-2 Defenses abolished
§ 34:15-3 Contract not to bar liability
§ 34:15-4 Death of employee
§ 34:15-5 Burden of proof
§ 34:15-6 Liens for legal services
§ 34:15-7 Compensation by agreement; defenses; burden of proof
§ 34:15-7.1 Horseplay or skylarking on part of fellow employees
§ 34:15-7.2 Claim based on cardiovascular or cerebral vascular causes; preponderance of credible evidence of proof of cause by work effort
§ 34:15-7.3 Worker’s compensation for injury, death occurring while responding to law enforcement, public safety, medical emergency
§ 34:15-8 Election surrender of other remedies
§ 34:15-9 Presumption as to acceptance of elective compensation provisions
§ 34:15-10 Employment of minors
§ 34:15-11 Termination of contract
§ 34:15-12 Schedule of payments
§ 34:15-12.1 Employees receiving subsistence payments from Veterans Administration; special benefits
§ 34:15-12.2 Fund from which special benefit payable
§ 34:15-12.3 Amount of special benefit
§ 34:15-12.4 Application for special benefits; payment
§ 34:15-12.5 Retroactive effect
§ 34:15-12.6 Period for making application
§ 34:15-12.7 Damage to prosthetic devices, hearing aids, artificial members; dental appliances or eyeglasses; liability
§ 34:15-13 Death benefits, burial expenses; computation and distribution
§ 34:15-14 Waiting period
§ 34:15-15 Medical and hospital service
§ 34:15-15.1 Reimbursement of insurance company or others paying medical, surgical or hospital expenses
§ 34:15-15.2 Hospital service; care required; expenses
§ 34:15-15.3 Motion by worker for emergent medical treatment
§ 34:15-15.4 Designation of contact person by carrier, self-insured employer
§ 34:15-16 Compensation to run consecutively; payment for compensation, medical treatment, etc., after termination of liability
§ 34:15-17 Notification of employer
§ 34:15-18 Service of notice; form; sufficiency
§ 34:15-19 Examination of employee as to physical condition; X-rays
§ 34:15-20 Dispute; submission to division; order approving settlement
§ 34:15-21 Payments in case of death; to whom made; bond
§ 34:15-22 Dispute; procedure; agreement no bar to determination on merits
§ 34:15-23 Refusal of medical and surgical treatment by employee
§ 34:15-24 Payment of whole award in trust
§ 34:15-25 Commutation of award
§ 34:15-26 Counsel fees
§ 34:15-27 Modification of agreement
§ 34:15-28 Interest on payments withheld
§ 34:15-28.1 Delay or refusal in payment of temporary disability compensation; penalty
§ 34:15-28.2 Powers of judges of compensation
§ 34:15-28.3 Fines, penalties, assessments, costs not included in expense base of insurer
§ 34:15-28.4 Rules, regulations
§ 34:15-29 Compensation preferential lien; claim not assignable; set offs
§ 34:15-30 Occupational disease; compensation for death or injury; exception
§ 34:15-31 “Compensable occupational disease” defined
§ 34:15-31.2 Short title
§ 34:15-31.3 Findings, declarations relative to workers’ compensation for certain public safety workers
§ 34:15-31.4 Definitions relative to workers’ compensation for certain public safety workers
§ 34:15-31.5 Requirements for public safety worker to receive compensation
§ 34:15-31.6 Injury, illness, death resulting from administration of vaccine eligible for compensation
§ 34:15-31.7 Injury, illness, death caused by certain substances eligible for compensation
§ 34:15-31.8 Injury, illness, death of firefighter caused by cancer eligible for compensation
§ 34:15-31.9 Intent, construction of act
§ 34:15-31.10 Report to Legislature
§ 34:15-31.11 Definitions relative to essential employees contracting COVID-19
§ 34:15-31.12 Rebuttable presumption that contraction of the disease is work-related and compensable
§ 34:15-31.13 Payment of compensation not considered factor in certain calculations
§ 34:15-31.14 Construction of act
§ 34:15-32 Occupational disease; determining disability and amount of compensation
§ 34:15-33.2 Effective date
§ 34:15-33.3 Application to uninsured employer’s fund for certain claims for exposure to asbestos
§ 34:15-34 Time for claiming compensation for occupational disease
§ 34:15-35 Provisions applicable to occupational diseases; claim for accident excluded
§ 34:15-35.10 Occupational hearing loss
§ 34:15-35.11 Definitions
§ 34:15-35.12 Degree of hearing loss; determination of degree
§ 34:15-35.13 Liability for hearing loss; previous hearing loss; audiometric testing
§ 34:15-35.14 Administration of testing; fraud
§ 34:15-35.15 Frequencies; evaluation of hearing loss
§ 34:15-35.16 Hearing tests; instruments; test conditions
§ 34:15-35.17 Audiometric technician to perform hearing test; audiologic evaluation
§ 34:15-35.18 Compensation amount
§ 34:15-35.19 Filing claims; time limitations
§ 34:15-35.20 Time for filing claims; date of disability
§ 34:15-35.21 Award; use of hearing aids
§ 34:15-35.22 Failure to use protective devices, compensation for hearing loss
§ 34:15-36 Definitions
§ 34:15-37 Wages; computation
§ 34:15-37.1 Payment of full compensation to certain injured officers
§ 34:15-37.2 Payment of full compensation to certain injured parole officers
§ 34:15-37.3 Certain injured officers to receive full compensation
§ 34:15-37.4 Certain injured civilian employees to receive full compensation
§ 34:15-37.5 Certain injured probation officers to receive full compensation
§ 34:15-37.6 “Serious bodily injury” defined
§ 34:15-38 Method of calculating compensation for temporary disability
§ 34:15-39 Agreements and releases invalid
§ 34:15-39.1 Unlawful discharge of, or discrimination against, employee claiming compensation benefits; penalty
§ 34:15-39.2 Additional penalty; summary recovery
§ 34:15-39.3 Liability of employer for penalty
§ 34:15-40 Liability of third party
§ 34:15-41 Claims barred after two years
§ 34:15-41.1 Claimant in country at war with United States or with which postal communications are suspended; limitations
§ 34:15-42 Constitutionality and construction
§ 34:15-43 Compensation for injury in line of duty
§ 34:15-43.2 Volunteer fire department members; respiratory diseases; presumption of occupational disease
§ 34:15-43.3 Time of development or first manifestation of respiratory disease
§ 34:15-43.4 Maximum benefits for volunteers
§ 34:15-44 Names of public employees carried on pay roll
§ 34:15-45 Guardian’s powers
§ 34:15-46 Parent to act as guardian
§ 34:15-48 Representative appointed for compensation beneficiary
§ 34:15-49 Jurisdiction of division; salaries, qualifications, tenure of judges, etc
§ 34:15-49.1 Referees designated judges of compensation
§ 34:15-49.2 Inapplicability of mandatory retirement for worker’s compensation judges, certain
§ 34:15-49.3 Certain worker’s compensation judges permitted to work beyond age 70
§ 34:15-50 Approval and filing of agreement
§ 34:15-51 Filing of petition; two year limit
§ 34:15-52 Copy of petition forwarded to employer
§ 34:15-53 Time, place and notice of hearing; adjournment
§ 34:15-54 Dismissal of petition; notice; reinstatement
§ 34:15-54.1 Referee’s powers as to dismissal of petitions for want of prosecution and reinstatement; discontinuances
§ 34:15-55 Service of papers
§ 34:15-55.1 Secretary of workmen’s compensation bureau as agent for service of process on nonresidents; method and effect of service; continuances
§ 34:15-56 Rules of evidence
§ 34:15-57 Summary hearing; power to modify and commute award, determination and rule for judgment or order approving settlement
§ 34:15-57a Notice of unemployment compensation, conditions
§ 34:15-57.1 Reimbursement of benefits paid under Temporary Disability Benefits Law
§ 34:15-57.2 Inquiry as to other payments received before paying compensation; proof of amounts paid
§ 34:15-57.3 Effective date
§ 34:15-57.4 Workers’ compensation fraud, crime of fourth degree; civil liability
§ 34:15-58 Judgment and settlement filed, receipts, bar of judgment
§ 34:15-59 Docket; records
§ 34:15-60 Subpoenas, fees, contempt
§ 34:15-61 Administering oaths; perjury
§ 34:15-62 Public hearings
§ 34:15-63 No filing fees
§ 34:15-64 Rules, regulations, fees for witnesses, attorneys
§ 34:15-65 Deposition of absent witness
§ 34:15-66 Appeal; costs
§ 34:15-66.1 Judgment docketed; execution; supplementary proceedings
§ 34:15-68 Physical examination of employee
§ 34:15-69 Copy of judgment to be filed with director
§ 34:15-69.1 Discontinuance or sale of business; discharge of employer from further liability; assumption of obligations by third party
§ 34:15-69.2 Order; filing; effect
§ 34:15-69.3 Applicability of provisions of Title to third party assuming obligations
§ 34:15-70 Short title
§ 34:15-71 Employer’s obligation to injured employee
§ 34:15-72 Employers not electing benefits of compensation law required to insure
§ 34:15-73 Proof of compliance
§ 34:15-74 Compensation insurance provided for certain volunteers by municipality or county
§ 34:15-74.1 Compensation insurance by volunteer fire company for volunteer firemen and volunteer first aid or rescue squad workers
§ 34:15-74.2 Compensation insurance by board of education for members of board
§ 34:15-75 Compensation for injury, death for certain volunteers
§ 34:15-76 Payments to certain volunteers
§ 34:15-77 Employer carrying own insurance
§ 34:15-77.1 Hospitals; group self-insurance; conditions
§ 34:15-77.2 Liability for compensation prescribed by Title 34; bankruptcy of participating employer
§ 34:15-77.3 Addition or termination of participating employers; notice
§ 34:15-77.4 Termination of plan; surety bond; insurance policy
§ 34:15-77.5 Financial statement; description of service organizations
§ 34:15-77.6 Annual examination
§ 34:15-77.7 Denial of application or revocation of consent
§ 34:15-77.8 Rules and regulations
§ 34:15-78 Insurance in stock or mutual company; notice filed by company; domestic help excepted
§ 34:15-79 Penalties for failure to carry insurance
§ 34:15-79.1 Proof of workers’ compensation coverage required with certain annual reports of employers
§ 34:15-80 Notices of insurance posted
§ 34:15-81 Cancellation of contract; notice
§ 34:15-82 Liability for injuries or death
§ 34:15-83 Insurance contract for benefit of employees and dependents
§ 34:15-84 Enforcement of provisions
§ 34:15-85 Knowledge of injury; jurisdiction
§ 34:15-86 Insurance carrier directly liable
§ 34:15-87 Limitations and restrictions on liability
§ 34:15-88 Classification of risks, rates, schedules and rules; approval by insurance commissioner
§ 34:15-89.1 Notification to mutual associations, stock companies of requirements of employer ID numbers
§ 34:15-90.1 Compensation Rating and Inspection Bureau continued; directors, appointment, terms
§ 34:15-90.2 Authority of Compensation Rating and Inspection Bureau
§ 34:15-90.3 Effective date
§ 34:15-91 Actuary and additional assistants in insurance department
§ 34:15-92 Domestic help excepted
§ 34:15-92.1 Other exceptions
§ 34:15-93 Expense of enforcement; payments by insurers
§ 34:15-94 Annual surcharge for Second Injury Fund
§ 34:15-95 Second Injury Fund
§ 34:15-95.1 Application for benefits; decision; review; Commissioner of Labor as party
§ 34:15-95.2 Vested rights
§ 34:15-95.3 Application of chapter; exemption of mutual agricultural insurance companies
§ 34:15-95.4 Special adjustment benefit payment
§ 34:15-95.5 Reduction of disability benefits for persons under age sixty-two; exception
§ 34:15-95.6 Entitlement to receive weekly supplemental benefits from Second Injury Fund, certain circumstances
§ 34:15-95.7 Determination of aggregate annual surcharge
§ 34:15-95.8 Worker’s compensation benefits for certain surviving dependents of employees deemed essential during coronavirus disease 2019 pandemic
§ 34:15-96 First report of accident
§ 34:15-98 Final report of accident
§ 34:15-99 Report not public
§ 34:15-100 Medical reports
§ 34:15-101 Penalty for noncompliance
§ 34:15-102 Rules and regulations; agreements filed
§ 34:15-103 Short title
§ 34:15-104 Definitions
§ 34:15-105 Workers’ compensation security fund
§ 34:15-105.1 Workers’ compensation security fund transferred
§ 34:15-106 Annual returns by carriers; “net written premiums” defined
§ 34:15-107 Contributions to the fund
§ 34:15-108 Contributions, when ceased; resumption of contributions
§ 34:15-111 Payment of claims; application; recovery
§ 34:15-117 Insolvency of carrier; notice to Division of Workers’ Compensation; report of conditions
§ 34:15-120.1 Uninsured employer’s fund
§ 34:15-120.2 Benefit payments
§ 34:15-120.3 Default by uninsured employer; judgment
§ 34:15-120.4 Application for compensation
§ 34:15-120.5 Subrogation; right of fund against employer
§ 34:15-120.6 Annual accounting
§ 34:15-120.7 Rules, regulations
§ 34:15-120.8 Limitation on liability
§ 34:15-120.9 Action against employer
§ 34:15-120.10 Administrative expenses; $10,000 limit
§ 34:15-120.11 Duties of Division of Workers’ Compensation
§ 34:15-120.12 Notification of change in income
§ 34:15-120.13 Exhaustion of remedies
§ 34:15-120.14 Other obligations unaffected
§ 34:15-120.15 Definitions
§ 34:15-120.16 “New Jersey Self-Insurers Guaranty Association”
§ 34:15-120.17 Board of directors
§ 34:15-120.18 Association obligated for payment of compensation; powers; assessments
§ 34:15-120.19 Insolvency Fund
§ 34:15-120.20 Plan of operation
§ 34:15-120.21 Written notice of bankruptcy proceedings, determination of insolvency
§ 34:15-120.22 Powers of department
§ 34:15-120.23 Assignment of rights to association
§ 34:15-120.24 Detection, prevention of employer insolvencies
§ 34:15-120.25 Examination, regulation of association
§ 34:15-120.26 Immunity from liability
§ 34:15-120.27 Stay of proceedings
§ 34:15-120.28 Deadline for filing claims
§ 34:15-120.29 Additional obligations of association
§ 34:15-120.30 Construction of act
§ 34:15-121 Workers’ compensation formal cases; records, destruction
§ 34:15-122 Records of workmen’s compensation of kind specified in article six
§ 34:15-123 Agreements for payment of workmen’s compensation
§ 34:15-124 Records and papers not part of record of workmen’s compensation formal cases
§ 34:15-125 Records on microfilm or other media, destruction
§ 34:15-126 Force, effect of microfilm or other media
§ 34:15-127 Liability for destruction of records
§ 34:15-128 Limited right to inspect, copy records
§ 34:15-128.1 Short title
§ 34:15-128.2 Definitions relative to “Workers’ Compensation Medical Information Confidentiality Act.”
§ 34:15-128.3 Disclosure of medical information
§ 34:15-128.4 Withholding information unlawful; certain circumstances
§ 34:15-128.5 Violations, fine, penalty
§ 34:15-129 Short title
§ 34:15-130 Findings, declarations
§ 34:15-131 Definitions relative to the New Jersey Horse Racing Injury Compensation Board
§ 34:15-132 “New Jersey Horse Racing Injury Compensation Board” established
§ 34:15-133 Powers of board
§ 34:15-134 Insurance coverage; assessments
§ 34:15-134.1 Trainer to carry compensation insurance for employees, eligibility for coverage
§ 34:15-135 Employee, employer relationship under the act
§ 34:15-136 Computing wages
§ 34:15-136.1 Documentation, maintenance of complete and accurate records of wages paid
§ 34:15-137 Act as supplemental to other arrangements
§ 34:15-138 Plan of operation
§ 34:15-139 Commission examination, financial report
§ 34:15-140 Tax exemption
§ 34:15-141 Liability limited
§ 34:15-142 Applicability of R.S.34:15-1 et seq
§ 34:15-143 Definitions relative to electronic medical bills for workers’ compensation claims
§ 34:15-144 Rules, regulations
§ 34:15-145 Jurisdiction vested in division
§ 34:15-146 Inapplicability of act
§ 34:15-147 Offering of hiring preference to employee unable to return to previous position due to returning from a work-related injury

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Terms Used In New Jersey Statutes > Title 34 > Chapter 15 - Employees' Right to Recover for Negligent Injury; Willful Negligence as Defense; Jury Question

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • month: means a calendar month, and the word "year" means a calendar year. See New Jersey Statutes 1:1-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • registered mail: include "certified mail". See New Jersey Statutes 1:1-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • sworn: includes "affirmed. See New Jersey Statutes 1:1-2
  • territory: extends to and includes any territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.