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Workers Compensation

Aug 02, 2012

New Jersey Supreme Court Rules that a “Willful” OSHA Violation Does Not Necessarily Overcome the Workers’ Compensation Bar

In Van Dunk v. Reckson Associates Realty Corp., a ruling viewed as favorable to employers, the New Jersey Supreme Court ruled that an employer’s “willful” violation of the federal Occupational Safety and Health Administration (“OSHA”) standards will not automatically be sufficient to overcome the long-established “workers compensation bar.”  Under the New Jersey Workers’ Compensation Act (“Act”), a worker is barred from suing his or her employer for on-the-job injuries unless those injuries result from the employer’s “intentional wrong.”  Without proof of an “intentional wrong,” the worker’s exclusive remedy for such injuries is under the Act.  » Read More