Newark - Essex County, NJ Workers' Compensation Law Blog

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.

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