My employer was negligent in maintaining the equipment which caused my injury. Why can’t I sue my employer in Superior Court?
The New Jersey Workers’ Compensation Act contains what is known as the Exclusive Remedy Doctrine. This means that an injured worker’s only remedy for a work-related injury is through the Compensation System.
Under the law, an employer has immunity from negligence or tort actions by its employees. This provision was one of the compromises made when the Act became law in 1911. In return for providing employees with statutory medical and monetary benefits for work-related injuries, the employers in New Jersey were given this immunity.
However, this immunity is not absolute. In certain limited cases an injured worker may sue his or her employer for injuries sustained in the course of employment. These situations are rare, however, are difficult to prove, and usually involve intent to injure.
The attorneys at Stark & Stark can provide you with advice if you feel your employer may be liable to you for more than worker’s compensation benefits. Please contact me if you have questions regarding your workers’ compensation case. I’d be happy to meet with you, here in my firm’s Marlton, New Jersey office, free of charge to review your case in more detail.