It is well established that employees who are injured on the job in New Jersey are barred from filing a personal injury lawsuit against their employer or a co-worker. In these cases, workers’ compensation coverage is designed to provide the exclusive remedy. These benefits include reimbursement for all medical expenses and partial replacement of lost income. One minor exception to workers’ compensation exclusivity concerns injuries caused by intentional acts. Victims of workplace injuries and their families sometimes try to allege that the incident in question falls into this category so that they can recover additional damages available in a personal injury or wrongful death claim. 

In Estate of Alexander v. Northeast Sweepers, the Appellate Division considered a case stemming from a tragic accident that occurred during a construction project on the New Jersey Turnpike. Mike Alexander was working for Crisdel when a sweeper truck operated by Christopher Hackett of Northeast Sweepers struck and killed him. Along with lawsuits against Northeast Sweepers and Hackett, Alexander’s estate sought wrongful death damages against Crisdel, asserting that the intentional wrong exception applied.

Overcoming the exclusivity of workers’ compensation is difficult under New Jersey law. Though it is not necessary to prove that an employer wanted the worker to be hurt or killed, a plaintiff has to show that an injury would be a virtual certainty given the circumstances.

The Alexander Estate relied on an OSHA finding that said Crisdel did not provide sufficient training to enable employees to recognize unsafe working conditions, characterizing that failure as a serious violation. Specific issues that were mentioned to support the intentional wrong charge included insufficient work lighting, a lack of audible backup alarms and the absence of spotters who might have warned Alexander of the approaching sweeper truck. 

However the court rejected plaintiffs’ argument, affirming the decision of summary judgment for Crisdel. While some safety concerns might have existed, there were lights at the scene when and where the sweeper was backing up. The appellate panel held that the circumstances did not constitute the virtual certainty of an injury needed to bring a wrongful death suit against a defendant employer. 

Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC represents New Jersey clients in all types of workplace injury cases, including matters where it might be possible to allege an intentional wrong. For a consultation, please call 973-737-1023 or contact us online. We have locations in Newton and Succasunna.