Reading Room

Court Chips Away at Workers' Comp Exclusivity

Workers' Compensation

Jon 11214

The New Jersey Supreme Court, in a landmark decision that was a year in the making, has taken a big step toward dismantling the exclusivity doctrine of the Workers’ Compensation Act, which immunizes employers from tort liability. The 3-2 decision last Wednesday came in the case of a laborer for a nonunion shop who died when he was run over by a dump truck driven by a worker from a union shop owned by the same principals. The justices said the laborer’s widow can sue the shop that loaned the truck driver even though he is immunized from suit. 

CONTACT US
1.973.696.7900
jon.gelman@gmail.com