In New Jersey, workers’ compensation serves as the primary remedy for employees who sustain injuries on the job. This system operates under a “no-fault” principle, which is meant to ensure that injured workers receive benefits, such as medical expenses and lost wages, without the need to prove employer negligence. In return, employees generally forfeit the right to sue their employers for additional damages, but there are some exemptions.
Intentional harm by employers
Despite the comprehensive nature of workers’ compensation, certain exceptions allow employees to pursue legal action outside this system. One notable exception arises when an employer’s actions are deemed intentional. If an employer knowingly engages in conduct that is substantially certain to result in harm to an employee, this may constitute an “intentional wrong.” In such cases, the injured worker may have grounds to file a civil lawsuit against the employer.
Third-party liability
Another avenue for injured workers is pursuing claims against third parties whose negligence contributed to the workplace injury. For example, if a defective piece of equipment supplied by an outside vendor causes harm, the injured employee can file a personal injury lawsuit against that vendor. These third-party claims are separate from workers’ compensation claims. While it can be complicated to combine personal injury and workers’ compensation actions, a third-party lawsuit can provide additional compensation for damages not covered by workers’ compensation, such as pain and suffering.
Understanding these exceptions is crucial for New Jersey workers. While the workers’ compensation system provides a safety net, it is not always the sole remedy available. Recognizing situations where additional legal action is permissible empowers employees to seek full and fair compensation for their injuries.
