New Jersey workers’ compensation law typically bars employees and their families from suing an employer in civil court after a workplace injury or death. However, a January 2025 appellate court decision shows there are exceptions. If an employer allows a dangerous condition to continue and someone is seriously harmed as a result, the door may open to a lawsuit.

This case involved a fatal accident in a hospital parking lot. The family alleged that the employer ignored repeated safety concerns. The court agreed that the facts could support a claim under the “intentional wrong” exception to the Workers’ Compensation Act. That means the family can pursue a civil case instead of being limited to workers’ comp benefits.

What Does New Jersey Law Usually Say About Suing an Employer?

In most situations, if you get hurt at work, your only recourse is the workers’ compensation system. The New Jersey Workers’ Compensation Act guarantees you access to medical care and lost wages without needing to prove fault. At the same time, it protects your employer from being sued for ordinary negligence.

However, N.J.S.A. § 34:15-8 creates an exception. If an employer commits an intentional wrong, you or your family may file a lawsuit in civil court. This does not mean any safety mistake qualifies. The law only allows civil suits when the employer’s behavior made harm virtually sure, and the employer knew that a serious injury was likely.

The 2025 appellate case illustrates how this rare exception can apply when a workplace becomes hazardous and no action is taken.

Summary of What Happened in the 2025 Appellate Decision

The case centered around a fatal accident that took place in a parking lot owned and operated by a large medical employer. A worker who had just arrived for a shift was struck and killed by another employee driving through the lot. The death led to a standard workers’ compensation claim. At the same time, the family filed a wrongful death lawsuit, claiming that the employer had ignored long-standing safety issues.

Allegations included:

• No designated pedestrian walkways in the lot;
• Inadequate lighting during early morning and late shifts;
• Failure to install speed bumps or signage; and
• Prior employee complaints about near-misses and unsafe conditions.

The employer argued that the case should be dismissed. They claimed that since the death occurred on company property and involved two employees, workers’ compensation should be the only remedy.

The court disagreed. It found sufficient evidence to suggest that the employer may have been aware of the risks and chose not to act. That could qualify as an intentional wrong under § 34:15-8. The family was allowed to proceed with the lawsuit.

Why This Decision Matters to Workers and Families in New Jersey

If you suffer an injury on company grounds, you may believe that filing for workers’ compensation is your only option. In many cases, that will be true. However, some situations fall outside the protections generally offered to employers.

When repeated warnings go ignored or safety failures are apparent, and someone gets hurt or killed, you may be able to bring a lawsuit. This includes accidents that occur in areas employers may attempt to exclude from liability, such as parking lots or break rooms.

New Jersey’s Division of Workers’ Compensation recorded more than 30,000 new claims and 5,044 reopened claims in 2023. Most of those claims were resolved without the need for a lawsuit. Still, a small number raised concerns about whether the employer’s conduct was so hazardous that workers’ compensation should not be the only option.

This 2025 case reinforces that employers are not shielded from lawsuits when they knowingly put workers at risk.

How a Workers’ Compensation Lawyer Can Help You Identify Your Options

You may not know right away whether a lawsuit is possible. That is where experienced legal help makes a difference. A lawyer can help you understand what the employer knew, what they failed to correct, and how that impacts your rights.

A skilled workers’ compensation attorney can:

• Investigate the history of safety concerns and prior complaints;
• Determine whether the employer’s actions meet the legal test for an intentional wrong;
• Preserve witness statements, surveillance footage, and safety reports; and
• File both a workers’ compensation claim and a civil lawsuit when appropriate.

Acting quickly matters. Both the workers’ compensation system and civil courts have strict deadlines. If you wait too long, you could lose the right to pursue any recovery at all.

Call Petrillo & Goldberg Law for Help After a Serious Workplace Injury

If you or someone in your family suffered a serious injury at work, you need to know all your legal options. The attorneys at Petrillo & Goldberg Law understand when workers’ compensation is insufficient and how to hold employers accountable for creating unsafe conditions.

Call (856) 486-4343 today to speak with a dedicated workers’ compensation lawyer. Get straightforward answers, strong guidance, and the help you deserve.