LEGALLY SPEAKING
by Rich Marcolus, Esq.
Levinson
Axelrod
Attorneys at Law
published 28 March 2002 |
 |
View Archive
|
SUING YOUR EMPLOYER
Many people believe they can sue their
employer. This is just not true in most cases. The New
Jersey Workers’ Compensation Act protects employers in the
State of New Jersey from being sued by their employees. This
law provides injured workers benefits for injuries sustained
at work. This law covers all employees no matter how they
are injured. Whether the injury is their own fault, the
fault of a co-worker or even their boss’s fault, their
benefits are the same under this law.
In exchange for the benefits provided by
this law, all New Jersey workers are precluded from suing
their employers. Even if the injury was as a result of their
employers conduct, no lawsuit is allowed. However, an
employee can pursue whether their employer intended for them
to be injured. If this is the case, then the employee may be
able to sue his or her employer. This standard is very
strict and only allowed in very special circumstances.
Recently the Court allowed an employee to
sue his company because the company repeatedly removed the
safety guard on a machine despite numerous warnings by OSHA
(Occupational Safety & Health Administration). Here, the
employee and co-workers were able to prove that the only
times a guard was on the machine was when OSHA inspections
were conducted. Following each inspection, the employer
removed the guards.
In allowing the lawsuit, the Court stated
that the New Jersey Workers’ Compensation law did not
provide protection for this type of conduct by the employer.
Thus, the court has opened up a small window of opportunity
for employees to sue their employers, in spite of the New
Jersey Workers’ Compensation Law, when there has been a
blatant disregard for the employees’ safety on the
employer’s part.
Your Comments
Return to Atlantic Highlands Herald
