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.

Workers' Compensation Insurance: Intentional Wrong?

Employers' liability insurance policies generally exclude coverage for "intentional wrongs" committed against employees, even if those employees also pursue workers' compensation claims.

Contractor Convicted in Asbestos Scam

In a recent case that highlights the importance of environmental regulations and worker safety, a Colorado contractor was sentenced to 10 years in prison for defrauding an elderly woman and mishandling asbestos.

COVID Boosters: What Employees and Employers Need to Know

Many employers and state governments are mandating that employees be vaccinated against COVID. Confusion remains over the rapidly changing landscape of booster doses as reports of waning or compromised immunity even though a worker is considered “fully vaccinated” when the original series of doses are completed. 

NJ Announces COVID-19 Worker Protection Complaint Form

NJ Executive Order 192 imposes requirements on every employer-business, non-profit, governmental and educational entities to take steps to prevent the spread of COVID-19 to employees, customers and others who come into physical contact with its operations. 

Senator Turner to Introduce Legislation to Provide Employer Immunity from Lawsuits Related to Coronavirus

Congressman Mike Turner (OH-10) will introduce this week the Employer and Employee COVID Protection Act to eliminate barriers to reopening businesses, get Americans back to work, and empower employees to decide for themselves if they feel safe in their workplace. This legislation will provide all complying businesses with immunity from civil lawsuits if one of their employees contracts coronavirus after states permit businesses to reopen. It will also provide employees with heightened health concerns an opportunity to request special accommodations from their employer and allow them to maintain eligibility for unemployment benefits if they still feel their risk of contracting COVID in their workplace is too high.

CDC Coronavirus Guidance Sets a Standard for Employer Responsibility and Liability

The US Centers for Disease Control and Prevention [CDC] has issued an interim guidance based on what is currently known about the Coronavirus Disease 2019 (COVID-19). The guidance sets out a plan of  containment initially, and if that fails, mitigation of the spread of this very contagious and potentially fatal disease. If employers follow the guidance, in all likelihood workers' compensation issues will arise as to the payment of temporary and medical benefits following from occupational exposure at work to the COVID-19.