Search Site
Menu

When Can You Sue Your Employer for Injuries Sustained on the Job?

Rudolph Laidlow worked for Hariton Machinery Corp., feeding heated metal bars into a mill.  The machine came with a safety guard to prevent workers’ hands from being caught and shredded. The employer removed the guard whenever the machine was being used and put it on only when federal safety inspectors were on the premises.  The employer ignored several reports of close calls where employees’ gloves got caught in the machine. Management rebuffed repeated requests by Laidlow to put on the safety guard. It was inevitable that someone would get injured, and indeed, Laidlow’s glove got caught and the machine ripped the skin off of his hand.

Does workers’ compensation law ever allow an employee like Laidlow to sue an employer?

In general, workers injured on the job are barred from suing their employers in civil court.  The one major exception is for intentional acts.  If an employer intentionally injures an employee, then the employee may get workers’ compensation benefits and still sue the employer.

So what does this mean for workers like Laidlow?

Laidlow sued. His employer argued that he could not sue because he was limited to his workers’ compensation benefits.  The NJ Supreme Court disagreed, ruling that the employer’s actions might have been intentional.  Intentional, the Court ruled, is not just when an employer wants to hurt an employee, but also when it is clear to the employer that, eventually, an avoidable danger will hurt an employee. The Court imposed standards that a worker must satisfy before the intentional injury claim against the employer would be permitted by the state courts in addition to his workers compensation claim.

Of course, each case is fact-specific.  If you have been injured on the job, speak to one of the attorneys at Hoffman Dimuzio to see how we can help you in your workers’ comp claim, and if appropriate, to pursue additional remedies for you in state court. We will explain your rights and your options and represent your interests during the process. There is no charge for consultation. No attorney’s fee is paid for our representing you unless we obtain benefits for you. Also, any attorney’s fee based on workers compensation benefits obtained must be approved by the workers’ compensation judge.

Speak to a proven New Jersey attorney now
Call 856.238.5183 or click to schedule your consultation
  • 5-Star Review

    Posted On Lawyers.com

    "We came to the office upset, concerned and profoundly unsure of what to do. Mr. Hoffman sat with us, explained options, reassured us and told us he would be there for us. He more than delivered on that commitment. If you are considering a legal firm, go no further, Hoffman-DiMuzio needs to be your choice."

    SEE ALL REVIEWS
  • 5-Star Review

    Posted On Lawyers.com

    " Joe Hoffman is amazing. We cannot say enough about how well we were treated from the moment we sat down until the positive resolution! Stellar customer experience!"


    SEE ALL REVIEWS
  • 5-Star Review

    By Renee Zagarella

    "Wonderful, knowledgeable, kind, and informative! Within days following my free consultation, I was provided with an overview of my appointment with helpful information about my case. I truly appreciate the recommendation I was given at this firm."

    SEE ALL REVIEWS
  • 5-Star Review

    By Anita Campana

    "I was so very impressed with Hoffman DiMuzio from the moment I walked in. Everyone I had come across was so professional and courteous."


    SEE ALL REVIEWS
  • 5-Star Review

    By Mike W

    "Hoffman DiMuzio is a top notch firm. Their attorneys and staff are extremely knowledgeable and go above and beyond for you. I recommend them to everyone in need of legal service."

    SEE ALL REVIEWS
  • 5-Star Review

    By Harry McCormick

    When my significant other was falsely accused of committing a crime, there was only one place to turn. that place was hoffman dimuzio.

    SEE ALL REVIEWS
  • 5-Star Review

    Posted On Google

    "Joe Hoffman Jr took on our case and fought tooth and nail for us. Exposing the truth and serving justice for us, we felt completely vindicated. For any legal matter, criminal, traffic or otherwise, they gained two very satisfied life long customers! Thank you Mr Hoffman!"

    SEE ALL REVIEWS
Joseph J.  Hoffman, Jr. Attorney Photo
Joseph J. Hoffman, Jr.
Senior Partner

For more than 40 years, Mr. Hoffman has protected the interest of his clients through diligence and hard work on legal matters, both large and small. An honors graduate of Rutgers University Law School and a native of Gloucester County, Mr. Hoffman has won numerous accolades for excellence in the practice of law.

Kenneth A. DiMuzio, Sr. Attorney Photo
Kenneth A. DiMuzio, Sr.
Senior Partner

An attorney with over 45 years of professional experience, Mr. DiMuzio concentrates his practice on personal injury and workers’ compensation matters. A graduate of Georgetown University Law School and a native of Gloucester County, Mr. DiMuzio has been honored time and again for his professionalism and ethics in the practice of law.

Ernest L.  Alvino, Jr. Attorney Photo
Ernest L. Alvino, Jr.
Attorney

Ernest L. Alvino, Jr. About Ernest L. Alvino, Jr. concentrates his practice in the area of workplace injuries; construction accidents; product injuries; trucking accidents; auto injuries; medical negligence and crime victim advocacy. Ernie is a lifelong Gloucester County resident, living in Mullica Hill with his wife and children. Ernie worked his way through school as…

Anooshay Asim Attorney Photo
Anooshay Asim
Attorney

About Anooshay Asim Ms. Anooshay Asim is a family law attorney with The Law Offices of Hoffman DiMuzio. Her practice is focused on divorce and child custody matters. Prior to joining Hoffman DiMuzio, Ms. Asim was an avid traveler and had even lived in numerous cities across the United States as well as internationally. Her…

Jeremiah J. Atkins Attorney Photo
Jeremiah J. Atkins
Attorney

Jeremiah J. Atkins About Mr. Atkins joined the firm of Hoffman DiMuzio in February 2010. Mr. Atkins’ practice covers a wide variety of employment-related matters before New Jersey State and Federal courts and administrative agencies, with a focus on discrimination, retaliation, sexual harassment, family leave and whistleblowing claims. Mr. Atkins also regularly represents the interests…

  • Imagine... One law firm, for life.


    New Jersey attorneys for all legal matters

    For all life's stages. For all South Jersey.

Six convenient locations


We'll meet at the office nearest you

  • Franklinville
    Lawyers Near Franklinville
  • Turnersville
    Lawyers Near Turnersville
  • Mullica Hill
    Lawyers Near Mullica Hill
  • Woodbury
    Lawyers Near Woodbury
  • Sewell
    Lawyers Near Sewell
  • Philadelphia
    Philadelphia Office
  • /AV Preeminent
    Top Attorneys NJ
    Best Lawyer Award
    Best Trial Lawyers
  • Best Lawyer Award
  • Best Attorneys NJ
  • Top Law Firm Near Me Award
  • Top NJ Lawyers
Take action now by filling out the form below

Submitting this form does not create an attorney-client relationship, but a lawyer from our firm will contact you as soon as possible.

Quick Contact Form