In most instances in which an employee suffers harm while working, the New Jersey Workers’ Compensation Law (the Law) provides the employee’s exclusive remedy. There is an exception, though, for cases in which the employer commits an intentional wrong. Proving an employer’s intentional act caused an employee’s harm can be difficult, as discussed in a recent New Jersey case.  If you suffered an injury while you were working, it is prudent to speak to an attorney regarding what benefits you may be able to recover and whether you may be able to pursue any other claims.

Facts of the Case

Reportedly, the plaintiff and his co-worker were involved in a car accident. The co-worker was driving a vehicle owned by the defendant for whom they worked. The plaintiff suffered severe injuries, after which he filed a lawsuit against the co-worker and defendant seeking compensation for his harm. The defendant filed a motion for summary judgment, in which it argued that the plaintiff’s claims were barred by the Law. The court granted the defendant’s motion, and the plaintiff appealed, arguing that his claims fell under the intentional act exception of the exclusivity provisions of the Law. The appellate court disagreed and affirmed the trial court ruling.

Proving an Intentional Wrong

On appeal, the appellate court explained that under the test for determining whether an intentional wrong had been committed, a plaintiff must show more than a mere appreciation or knowledge of risk. In other words, the appellate court stated that a defendant that engages in an act that he or she knows or believes places another person at risk for harm may be negligent but is not committing an intentional wrong. The appellate court elaborated, however, that an intentional act is not limited to actions taken with a wish to cause harm but also acts the employer commits despite the knowledge that such acts are substantially certain to cause harm. The appellate court also noted that there is a high bar to proving substantial certainty and that knowledge that an act may result in death or evidence of gross negligence or a complete lack of concern for an employee’s health is insufficient to demonstrate intent. (more…)

Generally, New Jersey’s Workers’ Compensation Law (the Law) provides the sole remedy for an employee who is injured at work. However, there are some exceptions that allow an employee to pursue claims against an employer in a civil lawsuit in addition to recovering workers’ compensation benefits, such as when an employer engages in an intentional act that leads to the employee’s harm. The intentional act exception to the exclusivity provision of the Law was discussed in a recent New Jersey case in which an employee filed a civil lawsuit against his employer after he suffered an amputation of his left arm due to a work injury. If you suffered a work-related injury, you should speak to a capable New Jersey workers’ compensation attorney regarding whether you may be able to recover civil damages in addition to workers’ compensation benefits.

Facts Regarding the Employee’s Injury

It is alleged that the employee worked for the employer as an electromechanical technician. The employee’s job duties included servicing, repairing, and maintaining large industrial machines. While servicing a machine in 2015, the employee suffered an injury that required him to undergo amputation below the elbow of his left arm. The employee subsequently filed a workers’ compensation claim and was awarded over one million dollars in benefits. He then filed a lawsuit against the employer in which he alleged he was owed civil damages as well because his employer violated the intentional wrong exception of the Law. The employer filed a motion for summary judgment, asking the court to dismiss the employee’s civil claims. The court found the employee set forth sufficient evidence in support of his claims and denied the employer’s motion.

Application of the Intentional Act Exclusion

In New Jersey, employees essentially waive their right to pursue civil claims against employers for damages caused by workplace injuries in exchange for the right to recover workers’ compensation benefits under the Law. The waiver of the right to sue is not absolute, however, and employees can sue employers for work-related injuries that are caused by intentional wrongs.

In assessing whether an employer’s behavior constitutes an intentional wrong, New Jersey courts conduct a two-part analysis. First, they must assess whether the employer knew that its actions were likely to result in the death or injury of an employee, which is referred to as the conduct prong of the test. If so, then the court must find that the circumstances under which the injury arose and the resulting injury were more than ordinary results of an industrial workplace. In addition, it must find the injury was clearly beyond the scope of what the legislature intended to immunize in enacting the Law, which is the context part of the test.

In the subject case, the court found that there were genuine factual disputes as to whether the employer engaged in acts likely to cause the employee’s harm, as well as whether the acts created a risk of harm that was beyond the scope of ordinary industrial life. Thus, the court dismissed the defendant’s motion.

Speak to a Trusted New Jersey Workers’ Compensation Attorney

Amputations and other catastrophic injuries often cause damages that workers’ compensation benefits are insufficient to remedy. In some cases, a person suffering from such injuries may be able to pursue additional claims for damages. If you suffered a  devastating workplace injury, the trusted New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall can assess your harm and assist you in pursuing claims for benefits, along with potential for civil damages. We can be contacted via the form online or at 800-999-0897 to set up a meeting.

It is not uncommon for companies to host fundraising and community events and for company employees to work or attend the events. If an employee is injured during such an event, it may be disputed whether the injury is work-related so as to warrant an award of workers’ compensation benefits. Recently, a New Jersey appellate court discussed the distinction between work-related injuries and injuries sustained during recreational activities in a case in which an employee’s workers’ compensation claim was denied.  If you were injured during a work event, it is prudent to contact a proficient New Jersey workers’ compensation attorney to assess whether you may be owed benefits for your injury.

Facts Regarding the Employee’s Injury

Reportedly, the employee worked as a cook for the employer, a non-profit organization that provides services and vocational training to individuals with developmental disabilities. In September 2017, the employer hosted an event for the family members of its clients, which included food and recreational activities, such as music and games. The employee was not required to work the event but volunteered her services to the employer. She was not paid for her participation. During the event, she fell and injured her right ankle and foot.

It is alleged that the employee filed a claim for workers’ compensation benefits following her injury. The employer argued that the employee was not entitled to benefits because she was not engaged in employment activities at the time of her injury. The workers’ compensation judge ruled in favor of the employer, finding that the employee was volunteering, not working, at the time of her injury. The employee appealed the judge’s ruling. (more…)