Work-related and workplace accidents occur every year. In 2019, in New Jersey, employers reported nearly 100,000 nonfatal job-related accidents and illnesses in the private and public industries employment sectors. When an employee sustains injuries or becomes ill in his employment, he may seek compensation from his employer. However, the exclusive remedy under New Jersey law for work-related accidents and illnesses is workers’ compensation. Therefore, employees are unable to file civil lawsuits against their employers.
Workers’ compensation is no-fault insurance that employers must carry by New Jersey law. The insurance cover employees if they sustain injures or illnesses that arise out of their employment. Insurance pays for medical care and provides wage compensation to the employee while they are out of work.
The employee must give actual notice of the employment-associated accident or illness. The employee submits a claim for compensation to the employer for the workers’ compensation provider to approve or deny. If the employer carries self-insurance, it determines the approval or denial of the employee’s claim.
Unlike civil lawsuits, employees cannot seek damages for pain and suffering in a workers’ compensation claim. The exclusive remedy provision of the New Jersey Workers’ Compensation Act provides an exception, which allows injured and ill employees to file a civil case. The exception states that the employee may file a lawsuit outside workers’ compensation if the work-related accident or illness occurred by an employer’s intentional wrong.
The analysis is a two-part test. The injured employee must prove that the employer’s action or omission was an intentional wrong. Then, the worker must show the wrongful behavior caused the employee’s work-related accident and resulting injury or illness. In the civil lawsuit, the court applies a substantial certainty standard to determine whether the employer was intentionally wrong. The case looks at the employer’s conduct. It also analyzes the context of the behavior as to the employment or industry. The court must determine if the injury or illness is typical of or exceeds foreseeable occurrences of the job.
Other Frequently Asked Questions:
- After a car accident, what type of medical care should I seek?
- Am I allowed to choose my own doctors for my workplace injury?
- Am I eligible for workers’ compensation if I am hurt while working from home?
- Am I entitled to any death benefits if my spouse or parent dies due to a work-related injury or illness?
- Are employers required to provide drinking water to employees?
- Are longshore workers covered by New Jersey’s workers’ compensation law?
- Are minors injured in a work-related accident eligible to receive workers’ compensation benefits in New Jersey?
- Are part-time or seasonal workers covered by workers’ compensation?
- Are personal injury settlements taxable?
- Are remote employees eligible for worker’s compensation in New Jersey if they are injured during work hours?
- At the time I am hired, what information should I be told regarding workers’ compensation?
- Can a judge increase the damages awarded by a jury in a lawsuit?
- Can a person who has been found not guilty in a murder trial still be sued for wrongful death?
- Can a workers’ compensation judge in New Jersey require an employer to reimburse an injured worker for medical marijuana used to control chronic pain?
- Can an employee recover workers’ compensation for an idiopathic injury?
- Can an employer commit workers’ compensation fraud?
- Can an employer fire an employee for making a workers’ compensation claim?
- Can an employer stop paying for pain medication I take for my work injury?
- Can an employer’s intentional violation of a federal safety rule impact a workers’ compensation claim?
- Can an I recover workers’ compensation in New Jersey if my work causes post-traumatic stress disorder?
- Can an undocumented immigrant receive workers’ compensation benefits in New Jersey?
- Can I be fired while I am on worker’s compensation?
- Can I choose my own doctors for my workers’ compensation claim in New Jersey?
- Can I file a lawsuit against a coworker whose negligence caused my work injury?
- Can I file a lawsuit for my workplace injury?
- Can I file for workers’ compensation and then sue my employer based on injuries I sustained at work?
- Can I get workers’ compensation when a co-worker assaults me?
- Can I get workers’ compensation for COVID?
- Can I handle my own workers’ compensation claim?
- Can I Obtain Workers’ Compensation Benefits Through My Full-Time Employer if I Was Injured at My Part-Time Job?
- Can I receive workers’ compensation for a gradual injury?
- Can I recover workers’ compensation benefits if I am injured after I am fired but before I leave the work facility?
- Can I recover workers’ compensation for my hearing loss?
- Can I recover workers’ compensation if I suffer a heart attack at work?
- Can I see my own doctor for a workers’ compensation claim?
- Can I settle a workers’ compensation case?
- Can I sue a job placement agency’s client if I am injured while working for the client?
- Can I sue my employer?
- Can insurance companies use my posts on social media against me in my personal injury lawsuit?
- Can my employer cut off my temporary disability benefits because I am working a part-time job?
- Can my employer fire me for filing a worker’s compensation claim?
- Can my employer terminate my employment while I am out of work due to an injury and receiving workers’ compensation?
- Can workers receive workers’ compensation benefits if they are injured while taking a coffee break?
- Can you sue if your Lyft crashes?
- Can you sue if your Uber crashes?
- Do commercial vehicle drivers have to meet higher standards before they are licensed to drive?
- Do I have any options if I do not like the workers’ compensation doctor my employer selected?
- Do I have to accept my employer’s offer of light duty following my work injury?
- Do I still get paid if I get injured at work?
- Does an employee’s intoxication at the time of an injury bar their recovery of workers’ compensation in New Jersey?
- Does workers’ compensation cover allergic reactions?
- Does workers’ compensation cover scars from work-related injuries?
- Does workers’ compensation cover travel to and from work?
- Following a motor vehicle accident, when and how can I obtain my personal belongings from the vehicle?
- Following my work injury, is my New Jersey employer required to pay for my transportation expenses to and from my doctor?
- How are workers’ compensation benefits calculated for temporary disability in New Jersey?
- How can I recover lost earnings?
- How can one prove fault in a premises liability case?
- How can workers’ compensation in New Jersey disqualify an employee who is at fault for a work-related accident?
- How do I file for workers compensation in New Jersey?
- How do workers’ compensation benefits work if I have two jobs?
- How does the judge decide the quantity of funds that a plaintiff is to receive?
- How Long Do I Have to Bring a Slip and Fall Case in New Jersey?
- How Long Do I Have to File a Workers’ Compensation Claim?
- How long do I have to report a work injury?
- How long do I have to report a work-related injury in New Jersey?
- How long do I have to wait before I receive benefits from my employer or their insurance carrier?
- How long do I have to work for an employer before I can receive workers’ compensation benefits?
- How long does it take to resolve a workers’ compensation case?
- How long will my personal injury case take?
- How many fatal workplace injuries occur every year in the United States?
- How much am I going to get?
- How much does a New Jersey workers’ compensation lawyer charge?
- How much does a workers’ compensation attorney cost in New Jersey?
- How much does Lyft pay for accidents?
- How much does Uber pay for accidents?
- How much time do I have to file a worker’s compensation claim in New Jersey?
- How much time do I have to file a workers’ compensation claim petition?
- How much workers’ compensation do I get for a foot injury in New Jersey?
- How much workers’ compensation do I get for a hand or finger injury in New Jersey?
- How serious is the problem of distracted driving in the United States?
- How will my medical expenses be paid while I am receiving treatment for an injury that occurred at work?
- I am out of work due to an injury on the job site. Can I be fired because of that injury?
- I am receiving payment for injuries from a third party. Can I also receive New Jersey workers’ compensation benefits?
- I was injured at work in New Jersey, but I don’t think my employer reported the accident to the insurance carrier. What do I do?
- I was injured at work, but it wasn’t my employer’s fault, can I still get workers’ compensation benefits?
- I was injured at work. I also have two different jobs. One is full-time and the other is part-time. Can I receive workers’ compensation for both of my jobs?
- I was injured in a car accident, and the other motorist was without insurance. How can I recover damages?
- I was involved in a motor vehicle accident, and I do not think that it was entirely my fault. Will this affect the amount of damages I receive?
- I was recently involved in a truck accident. What should I do?
- I work in New Jersey and was hurt on the job recently. How do I file a workers’ compensation claim?
- If a person has witnessed the injury of another individual may the former sue the party who caused the injury for negligent infliction of emotional distress?
- If a person is injured when struck by a commercial vehicle, is he or she allowed to sue the driver’s employer as well as the driver?
- If a person suffers a slip-and-fall injury on government property will the government be found liable?
- If I am injured at work, can I sue my employer, and still receive workers’ compensation benefits?
- If I get hurt while performing my part-time job, can I get more benefits if I am unable to perform full-time work because of my injury?
- If I have a new employer, and I suffered an injury at my previous job, may I still file a claim for workers’ compensation benefits?
- If I suffer an injury while at home recovering from a work injury, may I recover workers’ compensation for the second injury?
- If I suffer an injury while receiving treatment for an on-the-job injury, can I receive workers’ compensation for the new injury?
- If I’m injured at work, what kind of benefits can I receive?
- If my condition gets worse after I am awarded workers’ compensation, can I get more benefits?
- If my vehicle was damaged in a motor vehicle accident, how can I have it repaired?
- If negligence is proven in a personal injury case, can punitive damages be awarded?
- In a workers’ compensation claim, may I recover damages for pain and suffering?
- In New Jersey, can I appeal a workers’ compensation decision?
- In New Jersey, can I file a workers’ compensation claim and sue a third party in court for the same work-related accident?
- In New Jersey, can I file an informal claim and a formal claim for the same work-related illness?
- Is a full trial of my workers’ compensation case required?
- Is a homeowner’s association liable for injuries suffered by people who fall on the sidewalks that are owned and maintained by the community?
- Is an employee in Philadelphia who is injured while exercising during lunch entitled to workers’ compensation?
- Is horseplay a defense to a workers’ compensation claim?
- Is it advisable to accept a settlement offer from the insurance company?
- Is my employer supposed to post a notice about workers’ compensation at my workplace?
- May I file a lawsuit against a subcontractor if the subcontractor was directly responsible for causing my injury at work?
- May I visit any physician for a permanent disability?
- My employer says I do not have a right to workers’ compensation insurance. Do I have any recourses at my disposal?
- My employer’s physician says that I can return to work. However, my doctor disagrees. What should I do?
- My motor vehicle collided with a truck that was operated by a delivery person. May I file a lawsuit against the employer, the driver or both?
- My workers’ compensation doctor approved me for light-duty work, but my employer says it doesn’t have any light-duty work available. What should I do?
- What am I required to do if I am injured at work?
- What are my rights when I am hurt at work?
- What are some of the usual causes of truck accidents?
- What are the common types of work-related injuries and illnesses hospital workers sustain?
- What Are the Differences Between Workers’ Compensation Death Benefits and Wrongful Death Damages?
- What Are the Types of Workers’ Compensation Benefits Available to New Jersey Workers?
- What benefits do I receive while on worker’s compensation?
- What could cause my claim for workers’ compensation to be denied?
- What Damages Are Available in a New Jersey Worker’s Comp Lawsuit Stemming from a Truck?
- What death benefits does workers’ compensation provide?
- What do I do if I’m injured at a work-related function?
- What does “frolic in the course of employment” mean?
- What does workers’ compensation cover?
- What factors are considered to determine the amount of compensation to which I am entitled in a personal injury lawsuit?
- What happens if I am permanently partially disabled?
- What happens if I recover funds from a third party as a result of my work injury?
- What happens if I recover funds from a third party as a result of my work-related injury?
- What happens when you get in an accident with Uber?
- What happens with you get in an accident with Lyft?
- What if I can never return to work because of my injury?
- What if I had preexisting injury or illness at the time of my workplace accident?
- What if I recover compensation from a third party based on my workplace injury?
- What if my employer does not have workers’ compensation insurance?
- What is a compensable occupational disease under the New Jersey Workers’ Compensation Act?
- What is a detour in the course of employment?
- What Is a New Jersey Wrongful Death Claim?
- What is a permanent total disability?
- What is a retaliatory firing?
- What is a temporary total disability?
- What is a work-related accident?
- What is a workers’ compensation insurance?
- What is an employer under the workers’ compensation laws writing?
- What is an occupational disease?
- What is assumption of risk?
- What Is AWW and How is It Calculated in New Jersey?
- What is meant by the term “loss of consortium?”
- What is negligence per se?
- What is permanent partial disability?
- What is self-insurance?
- What is the definition of negligence in law?
- What is the difference between a grand jury and a petit jury?
- What is the difference between a personal injury claim and a personal injury lawsuit?
- What is the difference between a trial jury and a grand jury?
- What is the exception to the exclusive remedy provision of the New Jersey Workers’ Compensation Act?
- What is the law concerning New Jersey car insurance?
- What is the law concerning the use of helmets for motorcyclists?
- What is the legal definition of driving under the influence of alcohol?
- What is the New Jersey Division of Workers’ Compensation?
- What is the odd-lot doctrine?
- What is the Second Injury Fund?
- What is the statute of limitations for filing a personal injury case?
- What is the statute of limitations to file a workers’ compensation claims?
- What is the statute of limitations, and how does it affect my personal injury case?
- What is the time frame to collect workers’ compensation benefits?
- What is the verbal threshold?
- What Is The Workers’ Compensation Subrogation in New Jersey?
- What is uninsured and underinsured motorist coverage, and how can I protect my family?
- What is worker’s compensation self-insurance?
- What length of time do I need to be absent from work in order to qualify for workers’ compensation benefits?
- What length of time do I need to be unemployed in order to qualify for workers’ compensation benefits?
- What options are available to me if I do not like the physician to whom I was referred by my employer’s insurance carrier?
- What percentage of drivers are uninsured?
- What recourse do I have if my employer declines my request for workers’ compensation?
- What should a person who has been injured on the job do if his or her employer refuses to report the accident to the company’s workers’ compensation insurance carrier?
- What should I do if my employer will not report my workplace injury to their workers’ compensation insurance carrier?
- What type of benefits does a workers’ compensation claim provide?
- What were the most dangerous holidays for driving in?
- What will be the result if I need further treatment, and the Workers’ Compensation physician refuses to treat me?
- What will be the result of my workers’ compensation claim if I am permanently disabled?
- When does workers’ compensation end?
- When will my case settle?
- Where else can I look for income benefits after suffering an injury at work?
- While unable to work and collecting workers’ compensation benefits, my employer discontinued my healthcare coverage. Is this legal?
- Who decides which physicians I see for my workplace injury or occupational disease?
- Who determines the New Jersey workers’ compensation benefits I receive?
- Who qualifies for temporary total disability?
- Will a full trial of my case be required?
- Will a prior knee injury I suffered years ago preclude me from recovering workers’ compensation if I reinjury my knee?
- Will I lose my job if I file a workers’ compensation claim?
- Will workers’ compensation cover my injury at a holiday party?
