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Your Right to Sue Your Employer Outside

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.

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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

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 a Teamster and construction…

Jeremiah J. Atkins Attorney Photo
Jeremiah J. Atkins
Attorney

About Mr. Atkins joined the firm of Hoffman DiMuzio in February 2010. Mr. Atkins represents individuals and corporate clients in commercial and employment litigation. Mr. Atkins’ practice covers a wide variety of employment-related matters before New Jersey State and Federal courts, with a focus on discrimination, retaliation, sexual harassment, family leave and whistleblowing claims. Mr.…

Peter J. Bonfiglio, III Attorney Photo
Peter J. Bonfiglio, III
Attorney

About Mr. Bonfiglio concentrates his practice in the area of municipal court with an emphasis on defense of individuals charged with driving while intoxicated and/or refusal to submit to a breath test. Pete resides in Gloucester Township, Camden County with his wife and two of his three children.  In addition to his law practice, he…

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