Workers' Compensation: Exclusive Remedy for Employees?

January 22, 2011 (Press-News.org) Certain employees can face the potential for serious injury every time they go into work. At a construction site, many different occupations are present, and any mistake can have severe consequences. When an injury happens, employees may not know what remedies are available to them, or how to begin the process of recovering compensation for their injuries.

New Jersey Workers' Compensation System

For those injured on the job in New Jersey, the legislature has set up the workers' compensation system to provide a way for employees to recover compensation quickly for their injuries. The statute lays out the specific payment and timing requirements required of the employer. Fault is not generally an issue in workers' compensation matters. If an employee suffers an injury while working on the job, he or she is entitled to compensation.

In exchange for the promptness of compensation, the employee is barred from bringing a personal injury action against the employer. However, certain exceptions may apply, but they are very narrow. Special attention will need to be given to the details of the accident. For instance, it will be important to determine what caused the accident - was it negligence of the employer? If so, workers' compensation may be the only remedy available.

Because of the structure of the workers' compensation, damages are not available for pain and suffering. The employee is limited to actual damages, such as medical bills or missed time from work. If the employee is unable to perform their job duties for a short time after their injury, they will also receive compensation for their injuries. However, the statute will clearly state the amount of the recovery.

However, if the injury was caused due to the negligence of a contractor, or due to a defective product at the job site, there may be other avenues available for compensation. If an employee is able to bring a personal injury lawsuit against the employer, there are greater opportunities to recover for their injuries. The workers' compensation statutes do not apply to personal injury claims, and these cases will require the assistance of an experienced attorney.

Intentional Wrongs & Personal Injury Compensation

While workers' compensation usually provides employees the only opportunity to recover for their injuries, one of the exceptions concerns intentional wrongs by an employer. If an employer commits an "intentional wrong", an employee may bring a negligence suit. There are strict requirements that must be satisfied before such a claim will be permitted to proceed. The New Jersey Supreme Court has listed its criteria for intentional acts in the 1985 case Millison v. E.I. du Pont de Nemours & Co.

The court created a two-prong test to examine the conduct of the employer. First, the actions of the employer must create a substantial certainty of injury or death. To satisfy the second prong, the context of the injury or death must be something that is outside of the scope of what would be considered to fall under the workers' compensation statutes.

Much of the recent debate in these cases centers on the conduct of the employers. The Millison Court looked at prior case law in New Jersey to determine which cases were found to meet the criteria required by the first prong of the test. In order to cause a substantial certainty of injury or death, the machines involved in the current case must have caused injury or death in the past; the employer made machinery less safe by disabling safety restraints to increase production; or that the employer had received prior Occupational Safety and Health Administration violations or had willfully deceived OSHA.

Additionally, if employees were injured due to defective equipment or actions of third parties, they may possibly bring a negligence claim against the employer. Each of these claims will require in-depth analysis to determine what potential avenues of compensation will be available.

What to do if You Have Been Injured

If you have been injured while working, be sure to report your injury to your employer. It is essential that this be done as soon as possible after the injury occurs. Failure to do so could jeopardize any claims that you may have. Also, be sure to contact an experienced attorney immediately. If you wait until after you have recovered from your injuries, you may be barred from recovering all the compensation that is entitled to you.

Article provided by Miller & Gaudio PC
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