In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to obtain workers’ compensation insurance, the employee remains limited to those remedies provided under the WCA.
In an unpublished decision, the Appellate Division in NJ ruled that an injured worker who suffered severe losses, including the loss of an eye, was limited to the benefits provided for under the Uninsured Employers’ Fund [UEF] provisions of the WCA. The worker could recover temporary disability benefits and medical benefits from the UEF. Also, the employee could also file a direct civil action against the employer for other costs and damages, including the equivalent of a permanent disability award under the WCA.
The court ruled that the Exclusivity Rule bars an action against the employer for negligence. The court reasoned that the NJ Legislature, in writing the WCA, recognized a "historic tradeoff" where the employee gives up the right for a civil action against the employer and instead accepts only a summary, no-fault, administrative remedy against the employer, workers' compensation benefits.
HEUMAN v. HEUMAN, NJ: Appellate Div. 2023, Decided December 11, 2023.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.
Blog: Workers' Compensation
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
Mastodon:@gelman@mstdn.social
Recommended Citation: Gelman, Jon L., Failure to Have Insurance is Not an Exception, www.gelmans.com (12/14/2023), https://workers-compensation.blogspot.com/2023/12/not-exception.html
© 2023 Jon L Gelman. All rights reserved.
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