Typically, employees cannot recover personal injury damages from their employers if they are injured on the job. Workers’ compensation is designed to be the exclusive remedy for these situations, providing reimbursement for medical expenses and a share of the income that the injured claimant has lost while their injury or illness prevents them from working. Unlike a personal injury lawsuit, victims do not have to prove negligence on anyone’s part to collect workers’ comp benefits. On the other hand, there are certain types of damages, such as payment for pain and suffering, available in a personal injury lawsuit that are not provided through workers’ compensation coverage.

The exception to this rule exists when an employer's conduct constitutes an "intentional wrong." New Jersey courts do permit workers to file a personal injury claim in these situations. In the case of Dionicio Rodriguez v. Shelbourne Spring, LLC, an employee who was injured on the job sought personal injury damages based on the alleged intentional wrongdoing of his employer. 

When a New Jersey plaintiff seeks to bypass the workers’ comp exclusivity bar, courts use the following test clarified in Laidlow v. Hariton Machinery Co., Inc. to assess whether an employer’s actions constitute an intentional wrong. First, the employer must be “substantially certain” that their actions will lead to a worker injury or fatality. Second, the incident must be “more than a fact of life” of industrial employment and beyond what is supposed to be immunized by the Workers’ Compensation Act.

Though the Laidlow standard does not compel an employee to show that their employer intentionally wanted to harm them, claimants still face a steep legal burden if they want relief beyond workers’ compensation benefits. Even actions that are considered to be grossly negligent might not be considered an intentional wrong, such as ordering a worker to engage in a hazardous activity in violation of OSHA guidelines. The circumstances must reflect a “virtual certainty” that the employee will be injured or killed. 

Dionicio Rodriguez said that he was directed by his employer to complete a repair that involved opening an electrical panel. He alleges that he lacked the training and equipment to perform this task safely. As the case centered on whether the employer’s workers’ compensation carrier was responsible for defending the claim, no direct decision was made on whether employer’s conduct rose to the level of intentional wrongdoing. However, the New Jersey Supreme Court held that the policy excluded Laidlow claims. 

Whether you believe that your workplace injury might constitute an intentional wrong or not, you should speak with a knowledgeable attorney if you’ve been hurt on the job. Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC advocates on behalf of New Jersey employees in both workers’ compensation and personal injury actions. For a consultation, please call 973-737-1023 or contact us online. We have locations in Newton and Succasunna.