The recent New Jersey Supreme decision in Rodriquez v. Shelborne Spring LLC et al. has defined the limits of an employer's workers' compensation insurance policy. We have generated a free podcast on this topic to expand the discussion among all workers' compensation community stakeholders.
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The New Jersey Supreme Court ruled that employer liability insurance policies generally do not cover "Laidlow claims," which are lawsuits filed by injured workers who have already received workers' compensation but allege intentional misconduct by their employer. These claims require proof of substantial certainty of harm and deviation from industry standards.
The court's decision in Rodriguez v. Shelbourne Spring clarifies insurance coverage limitations for such claims, emphasizing the exclusivity rule in workers' compensation law, which generally prevents injured workers from suing employers except in intentional torts.
The ruling distinguishes between Part A and Part B coverage in employer liability insurance policies, finding that neither covers Laidlow or similar claims.
This decision has significant implications for employers in New Jersey regarding insurance coverage and risk management.
Related Resources
NJ Supreme Court Limits Employer Insurance Coverage for Worker Injuries
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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
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