New Jersey Federal Court Dismisses Worker’s Suit Against Employer For Chemical-Related Injuries

Following chemical and thermal burns from exposure to hazardous chemicals when a tank trailer released the chemical due to “faulty valves,” a worker brought suit against his employer and multiple fellow employees under an intentional wrong theory.  This week, the U.S. District Court for the District of New Jersey dismissed the case for failure to state claims upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).  The worker alleged his employer’s negligence “and/or intentional acts” caused his injuries.  New Jersey’s workers’ compensation exclusivity provision provides, “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.”  The plaintiff must show that the employer acted with knowledge that it was substantially certain that a worker would suffer injury, which the court concluded the worker in this case had not sufficiently alleged in his complaint.  Although the worker contended that his employer “rendered ineffective those protective devices or safeguards originally installed or provided for the aforementioned tank trailer and valves,” this allegation, without an allegation of a deliberate intent to injure or with knowledge that this act was substantially certain to lead to injury, was not enough to escape the exclusivity provision of New Jersey’s workers’ compensation regime.