New Jersey’s workers’ compensation system serves as the primary route for employees injured on the job to access benefits such as medical care and wage replacement. In the majority of situations, workers’ compensation serves as the sole avenue for relief, which generally bars employees from filing separate lawsuits against their employers for further compensation. However, there are exceptions to this rule, circumstances where a lawsuit outside the traditional system may be possible.
The state’s “exclusivity rule” typically prevents injured workers from suing their employers. Instead, workers must go through the workers’ compensation system, which does not require proof of employer fault. This structure is intended to streamline claims and ensure quicker access to treatment and wage support.
When the exclusivity rule does not apply
There are rare but important exceptions. If an employer intentionally causes harm, such as knowingly forcing an employee into hazardous conditions, a personal injury lawsuit may be possible. Intentional acts fall outside the protection of workers’ comp, and courts treat them differently than routine negligence.
In some cases, someone other than the employer may be responsible for the injury. For example, if faulty machinery or unsafe premises provided by a contractor or manufacturer played a role, the injured worker may sue that party for damages not covered by workers’ compensation.
Know the system, know the exceptions
The New Jersey Department of Labor provides essential guidance on workers’ comp benefits and procedures. While the system is structured to protect most injured workers through a no-fault process, those affected by egregious employer behavior or third-party negligence may have the option to pursue broader compensation. In the end, understanding these exceptions can help injured workers make informed decisions about how to recover the full range of damages they have suffered.
