The New Jersey Workers’ Compensation Act (WCA) provides the exclusive remedy for claims against an employer for injuries sustained during employment. In exchange for providing certain payment without regard to fault, employers are provided immunity from tort liability arising out of an employee’s on-the-job injuries. That immunity, commonly referred to as the exclusivity bar, can only be overcome if the employee can show that the employer committed an “intentional wrong.” Several cases centered on the issue of what constitutes an “intentional wrong.” Those cases have gradually eroded the immunity afforded to employers under the WCA by expanding the definition of “intentional wrong.” However, in Van Dunk v. Reckson Associates Realty Corp., 210 N.J. 449 (2010), the court reversed course and reaffirmed the underlying principles of Millison, holding that not every deliberate act by an employer that leads to an employee injury is an intentional wrong.
12.15.2014