Workers' Compensation Bar Prevails

The New Jersey Appellate Division affirms the exclusivity of workers' compensation in a workplace-fall case.

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.

Insurance Coverage Denied in Employee Suit

A recent case, Rice Enterprises, LLC v. RSUI Indemnity Co., highlights the complexities of insurance coverage for employers facing lawsuits from employees. The case involved a former employee who sued Rice Enterprises for negligence related to alleged sexual harassment and assault by a manager. Rice Enterprises sought coverage under its insurance policies, specifically a Workers' Compensation and Employers' Liability policy from Zenith Insurance Company and a Commercial Umbrella liability policy from RSUI Indemnity Company.  

Workplace Injury: No Civil Recourse

A recent decision by the New Jersey Superior Court, Appellate Division, highlighted the application of the Workers' Compensation Act's exclusivity bar in a case involving a fatal parking lot accident on employer property. The court in Faisal Jameel v. HMH Hospitals Corporation affirmed the dismissal of a civil lawsuit against the employer, finding that workers' compensation covered the tragic incident and did not meet the high standard for the "intentional wrong" exception.

Marijuana Test: Walmart Wins Case - Retaliatory Firing

The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act – referred to herein as ‘CREAMMA.’ does not expressly provide a private remedy for redressing employment discrimination against cannabis users. 

Podcast: A Federal Court Analyzes an Intentional Wrong Claim

The recent US District Court decision in Lopez v. Corozal Auto Repair Inc. delves into the critical issue of the exclusivity rule and its narrow exceptions, focusing on intentional wrong claims under NJSA 34:15-8. To expand the discussion among all workers' compensation community stakeholders, we have generated a free podcast on this topic.

Navigating the Complexities of Workers' Compensation Exclusivity in New Jersey

The recent decision in Lopez v. Corozal Auto Repair Inc., a case heard in the United States District Court for the District of New Jersey, provides valuable insights into the intricate legal landscape of workers' compensation law. Specifically, the court delved into the critical issue of the exclusivity rule and its narrow exceptions, particularly focusing on intentional wrong claims under NJSA 34:15-8.

Podcast: The Limitations of a Workers' Compensation Insurance Policy

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.

NJ Supreme Court Limits Employer Insurance Coverage for Worker Injuries

In a recent decision, the New Jersey Supreme Court clarified the scope of insurance coverage for employers facing lawsuits from injured workers. The case Dionicio Rodriguez v. Shelbourne Spring LLA addresses whether an employer's liability insurance policy covers claims of gross negligence, recklessness, and intentional misconduct brought by an employee who has already received workers' compensation benefits.

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.

Intentional Tort v Negligence

A New Jersey appellate court found that an employee could not proceed with an intentional tort claim against an employer because the evidence needed to meet the two-prong standard was lacking.

No Duty to Defend Intentional Tort Claim

In a per curiam opinion, the NJ Appellate Division affirmed that a workers’ compensation insurance company is not required to defend an intentional tort claim following a Section 20 resolution.

Trench Injury Not an Intentional Wrong

A Federal Court held that injuries sustained while cleaning a trench conveyor trim removal system at a paper manufacturing facility did not meet the threshold test for an intentional tort.

Not A Violation of Public Policy

In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument,  may assert the “violation of public policy” as an allegation.

OSHA Cites Main Line Contractor Corp. of Newark NJ for 21 Violations and $333,052 in Penalties

A series of inspections by the U.S. Department of Labor has found a Newark-based construction contractor defying federal safety regulations by exposing employees to more than 20 violations, including potentially deadly falls, at six southern and central New Jersey work sites in early 2023.

United Hospital Supply Corp. faces $498K in penalties after amputation incident

An employee's first day of work at a southern New Jersey manufacturing facility ended tragically when he suffered the amputation of three fingers while operating a press brake without required safety guards, similar to violations cited by federal safety investigators at the facility in 2010 and 2015.

Federal Joint Study on Workplace Violence Released

The Bureau of Justice Statistics (BJS), the Bureau of Labor Statistics (BLS) and the National Institute for Occupational Safety and Health (NIOSH) released Indicators of Workplace Violence, 2019, which provides findings on fatal and nonfatal crimes that occurred in the workplace or away from work but over work-related issues. Findings are presented for 13 indicators of workplace violence, using data from five federal data collections.

Dual Employment Status Bars Double Recovery

An employee may have dual employers but ultimately can only receive a single recovery from only one employer for work-related injuries. The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort.

Injury Caused by Defeated Machine Guard Results in OSHA Fine of $159,522

An employee working at Crystal Finishing Systems Inc.’s aluminum extrusion facility in Weston was hospitalized with serious injuries after being struck by a puller machine while trying to unjam a piece of aluminum.