A minor may elect to file a negligence action against an employer and not be prohibited by the Exclusivity Rule that typically bars employee claims against their employers.
The US District Court (NJ) issued an opinion where a minor employee alleged sexual harassment by the employer on the job. The court held that the employee could elect to pursue either a Worker's Compensation claim or a common law claim for negligence against her employer.
The court allowed to claim to go forward, even though the employee filed the actual complaint as an adult.
Jane Doe v. Walgreen National Corporation, 2022WL16552820, case number 2:21-CV-20236 filed October 31, 2022.
Recommended Citation: Gelman, Jon L., The Exclusivity Rule Does Not Bar Claims of a Minor, Workers' Compensation Blog, Nov. 2, 2022),
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Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have represented injured workers and their families who have suffered occupational accidents and illnesses.
Website: www.gelmans.com
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" Thomson-Reuters
