Understanding Intentional Wrongs Under NJ Workers’ Comp Law
In New Jersey, workers’ compensation is generally considered an employee’s exclusive remedy for workplace injuries. This means that if a worker is hurt on the job, they typically cannot file a personal injury lawsuit against their employer. However, there is an important exception when an employer commits what the law considers an “intentional wrong.”
New Jersey’s intentional wrong exception exists to address truly egregious employer conduct. However, courts interpret the exception narrowly. An employee must show that the employer’s conduct made injury substantially certain to escape the workers’ compensation system and pursue a separate lawsuit.
What Is an Intentional Wrong?
An intentional wrong involves more than ordinary negligence, carelessness, or even gross negligence. To pursue a lawsuit outside the workers’ compensation system, an injured employee must show that:
- The employer knew its actions were substantially certain to cause injury or death; and
- The injury and surrounding circumstances were far beyond the normal risks associated with the job and outside the protections the workers’ compensation system was intended to provide.
A Very High Legal Standard
New Jersey courts have repeatedly emphasized that proving an intentional wrong is difficult. The employee must demonstrate something close to a “virtual certainty” of injury, not merely that the employer knew a workplace condition was dangerous. Even conduct that appears reckless may not meet this standard.
For example, evidence that an employer violated safety regulations or ignored workplace hazards may support a claim, but those facts alone do not automatically establish an intentional wrong. Courts examine the entire situation to determine whether the employer effectively knew that serious injury was almost certain to occur.
Examples of Claims That Often Fail
Many employees attempt to overcome the workers’ compensation exclusivity rule by arguing that an employer ignored safety rules, failed to provide proper equipment, or allowed dangerous working conditions. New Jersey courts frequently reject these claims when the evidence shows negligence or recklessness rather than a near certainty of harm. Cases involving construction-site safety violations, missing safety equipment, and hazardous workplace conditions have often failed to satisfy the intentional wrong standard.
Why the Distinction Matters
If an employee successfully proves an intentional wrong, they may pursue a civil lawsuit against the employer and seek damages that are not available through workers’ compensation, including pain and suffering and other tort-related damages. If the claim does not meet the intentional wrong standard, workers’ compensation benefits generally remain the employee’s sole remedy.
Contact a New Jersey Personal Injury Lawyer Today
Those who have been injured in the workplace should always understand possible avenues for compensation. Workers’ compensation may not be the only remedy if an employer was extremely reckless or negligent.
Injured at work? See how a Morristown workers’ compensation attorney from The Law Offices of Michael P. Burakoff can assist you. We strive to quickly and fairly resolve workers’ compensation claims for our clients. Schedule a consultation today by calling (973) 455-1567 or filling out the online form.
