ASSEMBLY, No. 2005
STATE OF NEW JERSEY
INTRODUCED MAY 13, 1996
By Assemblyman BATEMAN
An Act concerning workers' compensation and amending R.S.34:15-8.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.34:15-8 is amended to read as follows:
34:15-8. Such agreement shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereof than as provided in this article and an acceptance of all the provisions of this article, and shall bind the employee and for compensation for the employee's death shall bind the employee's personal representatives, surviving spouse and next of kin, as well as the employer, and those conducting the employer's business during bankruptcy or insolvency.
If an injury or death is compensable under this article, a person shall not be liable to anyone at common law or otherwise on account of such injury or death for any act or omission occurring while such person was in the same employ as the person injured or killed, except for intentional wrong.
For purposes of this section, the intentional failure of an employer to follow applicable safety or health standards or to correct health or safety hazards or violations, when the employer has knowledge of such standards, hazards or violations, shall be considered an intentional wrong.
(cf: P.L.1979, c.283, s.2)
2. This act shall take effect immediately.
This bill amends the workers' compensation law, R.S.34:15-1 et seq., to provide an additional private cause of action for an employee's injury or death resulting from a work-related accident due to the intentional failure of an employer to follow applicable safety or health standards or to correct health or safety hazards and violations when the employer has knowledge of such hazards, violations or compromised standards. This bill provides that such a failure on the part of an employer would be considered an intentional wrong, thereby establishing an additional exception to the exclusive provisions of the workers' compensation law.
Establishes a cause of action for intentional failure of employer to follow or correct known health or safety violations or standards.