The New Jersey Workers Compensation Act establishes a relatively swift procedure for injured workers to receive insurance benefits to cover their medical expenses and lost wages. The downside of the workers compensation system is that it generally bars you from pursuing a personal injury lawsuit against your employer when the employer’s negligence caused your injuries. But there is an exception.
Intentional tort exception
Under New Jersey law, you can pursue a personal injury suit against your employer after a job-related injury if you can establish that your employer committed an intentional wrong. The New Jersey Supreme Court established a two-part test to determine when an intentional wrong can to trigger the exception. You must show that:
Your injury resulted from the employer’s action.
The employer knew with substantial certainty that the action would cause injury or death.
This is a high hurdle for most injured workers. Clearly, the New Jersey Supreme Court’s decision discourages work-related disability claims from being pursued outside the workers comp process.
If you’ve suffered a workplace injury, contact an experienced New Jersey workers compensation lawyer for assistance with your claim.