A: Under New Jersey law, lawsuits against employers for negligent acts are only allowed in specific situations. Workers’ compensation is the usual remedy. However, employers can be sued for negligence in causing a workplace accident if the employer commits an intentional wrong.
Proving an intentional wrong requires evidence that the employer acted in a manner which was substantially certain to result in death or injury. Factors which may prove that the employer engaged in this kind of conduct include:
- disengaging a safety device,
- failing to train employees correctly, and
- engaging in fraudulent behavior during OSHA inspections.
Proper investigation is crucial in any workplace injury accident because there may be additional claims against other parties such as:
- owners, or
- product manufacturers and distributors.
Related Legal Article: Workplace Accidents in New Jersey – Suing an Employer
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The work injury and accident lawyers at Schwartz & Blackman handle cases in the New Jersey and Pennsylvania area:
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
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Published: May 12, 2012