Workers' Comp Law Precludes Workplace Injury Suit: NJ Court

Law360, New York (June 26, 2012, 5:12 PM EDT) -- Clarifying standards for workplace injury actions, the New Jersey Supreme Court ruled Tuesday that a federal safety violation and a supervisor's potential negligence weren't enough to overcome restrictions under the state's workers' compensation law against suing an employer over injuries.

Kenneth Van Dunk, a laborer injured when a trench wall collapsed on him, still couldn't demonstrate that James Construction Co. committed an “intentional wrong” that created a substantial certainty of injury or death, according to the court, which reversed an appellate decision for the plaintiff....
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