Worker Entitled To Sue His Employer For Inentional Harm

Van Dunk v. Rickson Associates Realty Corporation

Generally, a worker is barred by the New Jersey Workers Compensation statute from suing their employer.  In this case, the Appellate Division found that the company intentionally disregarded plaintiff’s safety in an effort to “increase defendant’s profit
and productivity.” It said, “The fact that plaintiff’s safety was sacrificed for
defendant’s benefit is reinforced by the events following his accident. After OSHA
had finished its investigation, defendant was able to relocate the sump by using
the trench box it had on site without harm to any of its employees.” While the court
did not find deception by the defendant or removal of a safety device, it felt that
the actions of the defendant were akin to deliberately exposing plaintiff to a known
hazard. The court further commented that this sort of injury is not a fact of
industrial life (the “context” prong of the Millison test) and that there were simple
safety devices that could have been used to prevent this injury.