Share

Workers' Injuries

Thursday, September 19, 2013

New Jersey Supreme Court reconfirms that an injured employee may not sue his employer except in very limited circumstances of "intentional wrong"

In the case of Kenneth Van Dunk, Sr., et al. v. Reckson Associates Realty Corporation, et al.  a supervisor sent Van Dunk into a trench to perform a brief task and get out. In doing so, an OSHA investigation found that the supervisor willfully violated OSHA regulations. The Court found that this OSHA finding was not dispositive and that "a probability or knowledge that injury or death could result is not sufficient to demonstrate an intentional wrong. Instead, an intentional wrong must amount to a virtual certainty that bodily injury or death will result. Therefore, Van Dunk's sole remedy is through Worker's Compensation.




The Law Office of David A. Bolson is located in South Orange, NJ and serves clients throughout North Jersey in all of Essex County, Union County and Hudson County and communities such as East Orange, West Orange, South Orange, Newark, Irvington, Springfield, Union, Elizabeth, Maplewood, Bloomfield, Roselle and Roselle Park. ¡Hablamos Español!

What do I do?What should I do?Free Consultation



© 2017 Law Office of David A. Bolson | Disclaimer
76 South Orange Avenue, Suite 205, South Orange, NJ 07079
| Phone: 973-762-1600 | 866-916-4844

Workers' Compensation | Personal Injury | Discrimination in the Workplace | Types of Injuries | Español | About Us

Law Firm Website Design by
Amicus Creative