Your Right to Sue Your Employer Outside
Workers’ Compensation Court
Except for extremely rare circumstances, factually dependent, the benefits a worker receives for a work related injury are limited to those created by the New Jersey Workers’ Compensation laws. Nevertheless, when our clients come to us we pursue every possible avenue available to provide them complete relief depending upon the nature of the case.
For example, until about 25 years ago, workers injured on-the-job could receive only workers’ compensation benefits to cover their harms and losses, even if their employer caused the injury. This meant the employer was only responsible for medical bills, lost wages and perhaps a relatively small amount of money if the injury would last forever. That changed in 1985 when the New Jersey Supreme Court decided Millison v. E.I. DuPont and allowed workers to recover both workers’ compensation benefits and money for pain, suffering and disability if the employer intentionally caused him or her harm.
Under this narrow exception, our courts have permitted lawsuits against the employer beyond workers’ compensation benefits. For example, one court allowed a worker to sue his employer where the company purposely failed to correct several OSHA safety violations for a condition that led to the worker’s injury. Another court permitted a worker’s claim where his employer directed removal of a safety guard on a machine that injured the worker. In fact, our Personal Injury Department, headed by Ernie Alvino, recently settled a case for over $2 million for an injured worker whose company forced him to use equipment with a broken safety feature. So protect yourself in the workplace. Should something bad happen, however; know that you may be entitled to more than workers’ compensation benefits.
If you are injured on-the-job, please contact us for a free consultation at 856-637-3000, so that you may be assured you are receiving the benefits you should receive.
– Ernest L. Alvino, Jr.