New Jersey § 34:15-31

§ 34:15-31.

If a public safety worker can demonstrate that in the course of his or her employment,

the worker is: a. exposed to: (1) the excretions, secretions, blood or other bodily fluids of one or more other

individuals or is otherwise subjected to a potential exposure, by the other individual

or individuals, including airborne exposure, to a serious communicable disease and

any one of the other individuals is diagnosed with a serious communicable disease,

or is otherwise determined to be infected with or at significant risk of contracting

the serious communicable disease; or (2) any pathogen or biological toxin used in, or related to, biological warfare or

epidemics, including airborne exposure, then all care or treatment of the public safety

worker, including testing, diagnosis, surveillance or other services needed to ascertain

whether the public safety worker contracted a serious communicable disease and any

related monitoring of the worker's condition, and all time during which the public

safety worker is unable to work while receiving the care or treatment, shall be compensable

under the provisions of R.S.34:15-1 et seq. , even if, after the care or treatment, it is ascertained that the public safety worker

did not contract a serious communicable disease. b. If it is ascertained that the public safety worker has contracted a serious communicable

disease or related illness under the circumstances set forth in subsection a. of this

section, there shall be a presumption that any injury, disability, chronic or corollary

illness or death of the public safety worker caused by, attributable to, or attendant

to the disease is compensable under the provisions of R.S.34:15-1 et seq. This prima facie presumption may be rebutted by a preponderance of the evidence

showing that the exposure is not linked to the occurrence of the disease. The employer may require the worker to undergo, at the expense of the employer,

reasonable testing, evaluation and monitoring of health conditions of the worker which

is relevant to determining whether the exposure is linked to the occurrence of the

disease, but the presumption of compensability shall not be adversely affected by

any failure of the employer to require such testing, evaluation or monitoring.