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.

“Drive Sober or Get Pulled Over” is New Jersey law enforcement’s campaign to deter drunk driving, particularly during the holiday season. State and local agencies plan to increase DWI checkpoints and road patrols. According to the National Highway Traffic Safety Administration (NTSA), alcohol-impaired driving accounted for 31 percent of motorist fatalities in 2012. In New Jersey, 28.7 percent of the fatal crashes reported last year involved people who had consumed alcohol.

In addition to seeking damages from an impaired driver who causes an injury, you may also be entitled to damages from a social host or dramshop. Social host and dramshop laws are aimed at preventing drunk driving and minimizing fatalities by creating liability for hosts and taverns that contribute to negligent drinking behavior.

Bartenders held liable under Dram Shop Act
A server or bartender at a licensed drinking establishment may be held liable if:

The server acted negligently in serving alcohol.
The injury was the result of the negligent serving of alcohol.
The injury was foreseeable as a consequence of the negligent serving of alcohol.
New Jersey courts interpret the statute narrowly. Licensed servers can be found negligent only when they served alcohol to a visibly intoxicated person or a minor. If liable, the drinking establishment is responsible for the percentage of damages equal to the percentage of negligence attributable to the server.

Social Host Liability Statute

A person who provides alcoholic beverages to invited guests is a social host. Such hosts can be held responsible for injuries or damage arising out of a motor vehicle accident caused by a visibly intoxicated guest. Under New Jersey’s statute, the host may be held liable for a guest whose blood alcohol concentration (BAC) measured 0.10 percent or more.

These laws are designed to avoid tragedies on our roadways. If an alcohol or drug-impaired driver injures you or your loved ones, contact a New Jersey injury attorney. Let us help you find justice.

The activities your children participate in daily can result in injury. It is not uncommon for a school-sponsored or public activity to require parents to sign a waiver before allowing your child to participate. Recently, there has been an increase in the number of parents who insist that other parents sign waivers for kids to take part in play dates or birthday parties. You may wonder whether such documents are legally binding. Can you really sign away your children’s rights to receive compensation if they suffer an injury?

Waivers have limits in New Jersey

Parents commonly labor under the misconception that once they sign such a waiver, they cannot bring a claim for any subsequent injuries regardless of whether the injuries were caused by someone’s negligence. Under New Jersey law, injury liability waivers are generally enforceable if:

They do not adversely affect the public interest.
They do not involve a public utility or common carrier.
They do not grow out of unequal bargaining power.
They are not unconscionable (i.e., shockingly unfair).
The party that is seeking the waiver owes no legal duty to the waiving party.
Never assume that a waiver you signed is enforceable. If you or someone you love suffered an injury because of someone else’s negligence, consult a New Jersey personal injury lawyer who can evaluate your case and determine whether you have a viable claim.