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February 2015 Archives

Is workers’ compensation always an injured worker’s exclusive remedy? P.2

In our last post, we spoke briefly about New Jersey law as it concerns the exclusiveness of workers’ compensation as a remedy for injured workers. As we noted, an injured worker is able to sue an employer under very limited circumstances—only in cases where the employer has “substantial certainty” that a workplace condition would result in harm to workers.

Is workers’ compensation always an injured worker’s exclusive remedy?

Most readers are probably aware that workers’ compensation benefits come at a cost to employees. The way the system is set up involves an exchange between employers and employees. Employers, for their part, promise to provide swift compensation to employees who suffer workplace injury while injured employees, for their part, waive the right to sue their employers when an accident occurs. This is the case in every state. In New Jersey, that limitation applies not only to injured employees, but also to the survivors of workers who die in on-the-job accidents.  

Can businesses be held liable for dog attacks?

Readers may have heard of or seen the television series, “The Dog Whisperer” in which professional dog trainer Cesar Milan helps distressed dog owners get their canines under control. Milan, as the series makes plain, has a pretty good track record with training, retraining and socializing dogs.

Work closely with us to avoid bad faith insurance

In our last post, we spoke briefly about the topic of bad faith insurance claims in New Jersey car accident cases, focusing in particular on the standard of proof in these cases. As we noted, the standard of proof in bad faith insurance cases is fairly high. Essentially, a plaintiff must prove that there is no "fair debate" about the facts or the law regarding the plaintiff's coverage.

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