Workplace Torts / Personal Injuries

Attorneys Representing Employees in New Jersey

People typically expect to be able to work in an environment that is free from risks of emotional or physical harm. Unfortunately, though, it is not uncommon for people to fall victim to deliberate and reckless acts in the workplace that cause lasting emotional and physical injuries. While in many instances, employees are limited to pursuing damages via workers’ compensation claims, there are some exceptions, such as when harm is caused by a third-party or an intentional act. As such, if you suffered losses due workplace injuries, you may be able to recover damages and confer with an attorney as soon as possible.

The Intentional Wrong Exception to the New Jersey Workers’ Compensation Act

Generally speaking, the New Jersey Workers’ Compensation Act (the Act) provides the exclusive remedy for employees seeking to recover damages for workplace injuries. There is an exception, though, for injuries caused by intentional acts. Specifically, the Act provides that an employer will not be held liable for an employee’s injury or death if it occurred while the employee was working unless it was caused by an intentional act. In order to prove that the exception to the Act applies, an employee must prove a deliberate intent to injure. In other words, even gross negligence or a blatant lack of concern for an employee’s safety is insufficient to demonstrate that an intentional wrong occurred. If you are located in New Jersey, contact a work injury attorney.

Behavior that may constitute an intentional act includes a physical attack, which may lead to an assault and battery claim. Similarly, if an employer deliberately harasses or makes false statements about an employee that is derogatory in nature, that damage the employee’s reputation and cause financial harm, it may constitute defamation.

Grounds for Pursuing Civil Claims Following Workplace Injuries

Outside of harm caused by the intentional acts of an employer, there are numerous other acts that could provide grounds for an employee to pursue civil claims. For example, if an employee suffered harm at work, and a third party contributed to the accident that caused the employee’s injuries, the employee may be able to pursue a negligence claim against that party. To recover under a theory of negligence in New Jersey, a plaintiff must show that the defendant owed a duty of care to the plaintiff. An experienced and knowledgeable work injury lawyer in New Jersey can assist you. Whether a duty exists depends on several factors, including the relationship between the parties, the type of risk presented and whether it was foreseeable, and the feasibility of preventing such harm. After a duty is established, the plaintiff must show that the defendant breached the duty and that the breach proximately caused the plaintiff to suffer actual harm. A common example of workplace harm caused by a third party’s negligence is an injury caused by an accident that was brought about by an outside company’s failure to comply with safety regulations.