Like most states, New Jersey does not allow an employee to sue an employer for negligence except in very limited circumstances. Instead, workers’ compensation is usually the exclusive remedy.
Under New Jersey law, when an employer commits an intentional wrong, the employee can bring a direct claim against the employer. This is in addition to workers’ compensation benefits.
In order to prove that an employer committed an intentional wrong, the employee/plaintiff must prove that 1) the employer knew its conduct was substantially certain to lead to death or injury and 2) the context in which the injury occurred is (a) not typical of the industry and (b) not a risk that the legislature contemplated when it passed the Workers’ Compensation Act.
Meeting this exception is not easy. In fact, the majority of cases in New Jersey where employees have tried to sue the employer under this exception have failed. New Jersey courts will be more inclined to find that an employer engaged in conduct which was substantially certain to lead to injury or death when the following circumstances are present:
- the employer ignored a safety protocol,
- the employer disengaged a safety device,
- the employer discouraged use of safety devices or protective gear,
- the employer knowingly failed to train employees,
- the employer violated OSHA standards,
- the employer engaged in duplicitous behavior during OSHA inspections or investigations, and
- the employer knowingly or intentionally concealed heath information.
Proper investigation is crucial in any workplace or on-the-job injury case to determine the liability of all potential parties. Many on-the-job accidents are not the sole fault of the employer. In many workplace accident cases, multiple parties may also be sued, such as:
- maintenance companies,
- product manufacturers, and
If you’d like to have your case reviewed by our New Jersey workplace accident lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The work injury and accident lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.