Failure to Assist Not Actionable

 For a workplace injury claim to bypass the exclusive New Jersey Workers' Compensation Act, the employer's conduct must be an "intentional wrong" – meaning they knew injury or death was virtually certain, and the injury is beyond the scope of typical industrial employment. Simply entrusting an injured employee to a friend for transport to medical care generally doesn't meet this high bar.

NJ Supreme Court to Review Workplace Insurance Exclusion

The NJ Supreme Court will review whether a workers’ compensation insurance company has a duty to defend an employer against personal injury claims brought by the employer’s employee under an employer's liability insurance policy.

Medical Treatment is an Exclusive Remedy Not a Reasonable Accommodation

The NJ Supreme Court has held that the provision of medical treatment does not equate to a "reasonable accommodation", therefore an employee cannot claim under the Law Against Discrimination [LAD] that failure to provide medical care was actionable. The provision of medical treatment is an exclusive remedy of the Workers’ Compensation Act.