New Jersey Court Discusses Exception to Workers’ Compensation Exclusivity
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.
Court Discusses Eligibility for New Jersey Workers’ Compensation Benefits
In New Jersey, a person who suffers injuries while working may be eligible to recover workers’ compensation benefits but only if he or she meets the requirements set forth under New Jersey’s Workers’ Compensation Law (the Law). Specifically, in order to recover benefits a person must demonstrate not only that he or she suffered an injury during the course and scope of work, but also that he or she had an employee-employer relationship with the entity for whom he or she was working at the time of the injury. Thus, if a person cannot prove that he or she was an employee at the time the harm occurred, his or her claim for benefits will be denied, as shown in a recent New Jersey workers’ compensation case. If you were injured while working, it is wise to speak to a seasoned New Jersey workers’ compensation attorney to examine whether you may be eligible to recover benefits.
Facts Regarding the Plaintiff’s Work
It is reported that the plaintiff filed a workers’ compensation petition, seeking benefits for an injury to his right hand that he allegedly sustained while he was working for the defendant. The defendant contested the plaintiff’s petition, arguing that the plaintiff was not his employee when the injury occurred. During a hearing, the parties presented conflicting testimony regarding when the plaintiff was hired and the extent of his job duties.
Allegedly, following the hearing, the judge found in favor of the plaintiff and awarded the plaintiff workers’ compensation benefits. The defendant filed a motion for reconsideration, arguing that the workers’ compensation judge failed to articulate any basis for finding the plaintiff was an employee. The appellate court agreed with the defendant’s reasoning and reversed the judge’s order and remanded the case for further proceedings. (more…)
New Jersey Court Discusses Due Process Rights in Workers’ Compensation Claims
While in some instances, the work-related nature of an injury is not disputed, in other cases, the employee and employer may disagree as to whether an injury was sustained at work. Thus, in some cases, a hearing may be held in front of a workers’ compensation judge who will ultimately make a determination as to whether an employee is entitled to benefits. Workers’ compensation judges have an obligation to weigh all pertinent information before rendering a decision. If they fail to do so, it may be grounds for dismissal of any issued order. This was demonstrated in a recent New Jersey case in which the denial of the employee’s workers’ compensation claim was reversed due to the fact the workers’ compensation judge did not let the employee testify. If you filed a claim for workers’ compensation benefits that was denied, it is in your best interest to confer with a diligent New Jersey workers’ compensation attorney to discuss your options for seeking recourse.
Factual and Procedural History
It is reported that the employee filed a petition for workers’ compensation benefits after he fractured his foot while working for the employer, a landscaping company. The employer disputed that the injury happened at work, arguing that the employee’s medical records included statements from the employee in which the employee stated the injury happened at home. Multiple hearings were held on the matter, during which the employer testified regarding the reasons for disputing the employee’s petition.
Allegedly, the judge advised he would allow the employee to testify but did not actually afford him the opportunity to do so, and issued an order denying the employee’s petition. The employee then appealed, arguing that the judge violated the employee’s right to due process by not allowing the employee to introduce evidence in support of his petition. (more…)
Court Explains Odd-Lot Doctrine in New Jersey Workers’ Compensation Claims
Under the New Jersey Workers’ Compensation Law, an employee that is totally disabled due to a work-related injury is owed greater wage benefits than an employee that is partially disabled. While typically a total disability will arise out of a physical or psychological injury, in some cases, other factors may be considered in determining whether an employee is totally disabled pursuant to New Jersey’s odd-lot doctrine. A New Jersey court recently discussed the odd-lot doctrine in a case in which an employee’s request for a modification was denied. If you suffered a work-related injury and are unable to work due to your injury and other factors, it is advisable to meet with a proficient New Jersey workers’ compensation attorney to discuss what benefits you may be able to recover.
Facts Regarding the Employee’s Claim
It is reported that in 2006 the employee injured her back while working for the employer. She subsequently filed a workers’ compensation claim, which she settled for fifty-five percent of partial total disability, with a fifteen percent credit to the employer for prior functional loss. After the employee underwent surgery and significant treatment, her claim was reopened, which resulted in a modification of her disability award to seventy-five percent, with a credit to the employer of fifty-five percent for the prior award.
Allegedly, six months later, the employee sought a second modification, arguing that she was totally disabled under the odd-lot doctrine. Specifically, she argued that her limited ability to speak or understand English, her age, and limited job skills combined with her physical injuries rendered her unemployable. Following a hearing during which both parties presented expert testimony, the workers’ compensation judge found in favor of the employer and dismissed the employee’s application for a modification. The employee then appealed. (more…)
New Jersey Court Clarifies What Constitutes a Work-Related Injury
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…)
Court Discusses Reconstruction of Wages in Workers’ Compensation Cases
Employees who suffer injuries at work are often unable to work due to their injuries. Thus, in addition to recovering medical treatment benefits, many injured employees are able to recover workers’ compensation benefits for lost wages. In some cases, however, a compensation judge will incorrectly calculate the wage benefits an employee should be awarded. Thus, an employee will have to file a motion for reconsideration, asking for a new assessment of the benefits owed. In a recent case, a New Jersey court discussed what an employee asking for a reconsideration of a benefits award must demonstrate to be granted an amendment. If you were granted a workers’ compensation benefits award that you believe may be inadequate, it is critical to speak to a capable New Jersey workers’ compensation attorney regarding your options.
Facts Regarding the Benefits Award
It is reported that the employee sustained a work-related injury while working for a department store. She filed a workers’ compensation claim, which ultimately resulted in a settlement that found that the employee had a twenty-five percent partial disability and stipulated the weekly wages she was to receive, as well as her permanency rate. In August 2016, a workers’ compensation judge entered an order approving the settlement.
Allegedly, in December 2016, after obtaining a new attorney, the employee filed a motion for reconsideration, arguing that her wages were improperly calculated when the order was entered. In support of her motion, the employee submitted wage statements demonstrating wages that were higher than those contemplated by the order. Additionally, she argued that she was entitled to a wage reconstruction as her benefits should have been calculated based on full-time wages because she suffered a permanent injury and could no longer work full time. The court granted the employee’s motion as to the wage reconstruction issue and modified the prior order. Then the employer appealed, arguing a reconstruction was not warranted. (more…)
New Jersey Court Discusses Elements of a Third-Party Claim for Work Related Injuries
Typically, when an employee in New Jersey suffers an injury in the workplace, New Jersey Workers’ Compensation Law provides the exclusive remedy for the employee to pursue compensation from the employer. In many instances, however, an injured employee may be able to pursue claims against other people or entities that caused the employee’s injuries. The elements of a third-party application for a work-related injury were discussed in a recent New Jersey case in which an employee suffered injuries while employed as a harbor worker. If you sustained an injury at work, it is advisable to contact a seasoned New Jersey workers’ compensation attorney to discuss what claims you may be able to pursue.
Factual Background
It is reported that the plaintiff worked as a harbor worker for a company that conducted terminal operations on a boat that was owned by the defendant. The defendant’s practice was to tie down vehicles that were being transported and to remove the ties and store them before stevedores boarded the boat to remove the vehicles. However, on one occasion, the defendant failed to stow the ties, and the plaintiff tripped over the ties and suffered injuries. The plaintiff brought an action against the defendant pursuant to the Longshore and Harbor Workers’ Compensation Act (the Act), alleging negligence. The defendant filed a motion to dismiss, which the plaintiff opposed.
Third-Party Claims for Work-Related Injuries
Upon review, the court noted that the Act provided that when an employee covered under the Act suffers an injury due to the negligence of the vessel, the employee may pursue claims against the vessel as a third party. The Act did not set forth an explanation as to the acts or omissions that would qualify as negligence. The court explained, however, that owners of ships have a duty to exercise reasonable care in turning the ships over to stevedoring contractors, which includes the duty to warn of latent defects that the stevedore would not anticipate and are not obvious. (more…)
Court Discusses Elements of a New Jersey Workers’ Compensation Retaliation Claim
When a New Jersey employee suffers an injury at work, he or she will often be entitled to recover workers’ compensation benefits. In some instances, however, an employer may terminate an injured employee in an attempt to avoid paying the employee benefits. Employees who are fired following an injury may be able to pursue retaliation claims against their employers. Recently, a New Jersey court explained what an employee must prove to recover under a workers’ compensation retaliation claim in a case in which the employee’s claim was dismissed. If you lost your job following an injury in the workplace, you may be able to pursue claims against your employer and should consult a knowledgeable New Jersey workers’ compensation attorney regarding your rights.
Facts of the Case
It is reported that the employee worked as a member of the kitchen crew for the employer, a college in New Jersey. He typically worked about twenty-five hours per week. In September 2015, he suffered a burn when another employee failed to alert him that he was passing by with a hot pan. He subsequently went to the hospital, where he received a tetanus shot and was released without further treatment. The employee then sought and received workers’ compensation benefits. In December 2015, the employee was advised his hours were being reduced due to decreased enrollment in the college. He was offered additional evening hours but chose not to accept them, and voluntarily ended his employment. He then alleged that he was constructively terminated in retaliation for his workers’ compensation claim, and filed a lawsuit against the employer alleging relation and other claims. The employer filed a motion for summary judgment as to the retaliation claim, which the trial court granted. The employee then appealed.
Elements of a New Jersey Workers’ Compensation Retaliation Claim
The New Jersey Workers’ Law prohibits employers from taking adverse action against employees who pursue workers’ compensation benefits for injuries incurred at work. An employee alleging that he or she was fired in retaliation for filing a workers’ compensation claim must show that he or she made or attempted to make a claim for workers’ compensation benefits and that he or she was either actually or constructively discharged in retaliation for making a claim. (more…)
New Jersey Court Explains Requirements for Modifying a Workers’ Compensation Award
In many instances, even if an injured employee is awarded workers’ compensation benefits, the award may be inadequate to cover the employee’s income loss or the cost of medical treatment. Thus, the New Jersey Workers’ Compensation Law allows employees to seek modifications of benefits awards under certain circumstances. There are time limitations as to when a modification may be sought, though, and employees who seek a modification outside of the statutory period may be denied, as showing in a recent New Jersey workers’ compensation case. If you wish to seek a modification of your workers’ compensation award or your request for modification was denied, it is prudent to speak with a skillful New Jersey workers’ compensation attorney regarding your rights.
Factual History of the Case
It is alleged that, in 2000, the employee injured his right knee while working for a shipping company. He subsequently sought and obtained numerous awards of workers’ compensation benefits for that injury. He then began working for a school district. In 2012, the employee filed a petition for workers’ compensation benefits from the school district for injuries in both knees and filed a concurrent motion to open his prior petition against the shipping company. Following a hearing, the compensation court determined that the shipping company was responsible for the treatment for the employee’s right knee, while the school district was responsible for the treatment of the left knee.
It is reported that both petitions resolved in December 2015, when the employee was awarded permanent disability benefits for his left knee against the school district and for his right knee against the shipping company. In 2017, the employee requested an additional examination and treatment from both employers, but the shipping company did not respond. He then requested that the court re-open his petition against the shipping company in 2018, but the court denied his petition as untimely. The employee appealed. (more…)