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Can I sue my employer following a workplace accident?

| Jun 22, 2020 | serious injuries

While generally workplace injuries are covered by workers’ compensation insurance, sometimes a person in New Jersey is seriously injured on-the-job due to the negligence of their employer. This can be frustrating, as we expect our employers to keep our workplaces safe and treat us with respect. There are times, though, that if an employer intentionally causes a worker’s injury, through an act known as an intentional tort, the worker may have a personal injury claim against the employer.

One type of tort that could lead to a personal injury claim is battery, in which you have been hit by someone or something. Another tort that could lead to a personal injury claim is assault, in which an attempt or threat to commit a battery occurs.

Not all torts that could lead to a personal injury claim are physical in nature. One tort that could lead to a personal injury claim is false imprisonment, in which your employer keeps you confined somewhere against your will and with no legal authority to do so. Another tort that could lead to a personal injury claim is intentional infliction of emotional distress, in which some sort of awful act emotionally traumatizes you.

There are other intentional torts that an employer can commit not listed here that could lead to a personal injury claim brought by the employee. In addition, if an employee is injured at work, and the injury is caused by a third party, that third party may be held liable for the injury. This post is for informational purposes only, so those who want to learn more about suing their employer will want to seek professional guidance on the matter.