Mark & Galusha, Workers Compensation Attorneys- Newark, Essex County, New Jersey
In New Jersey, the workers' compensation system provides prompt and automatic entitlement to benefits for employees injured in the workplace; the system also however requires injured employees to give up their right to pursue any other common-law remedy. Except in incidences where the employer intends to cause harm to the worker, the Workers' Compensation Act, N.J.S.A. 34:15-1 to -128, is the exclusive remedy against an employer for employees injured in a work-related incident.
In Maccarone v. State of New Jersey, Maccarone, a corrections officer employed by the Department of Corrections, was helping transport an inmate in a State-owned vehicle when a second vehicle caused the State vehicle to crash. Maccarone was seriously injured and lost his right arm as a result of his injuries. Maccarone filed for workers' compensation benefits and the State paid for all of his medical expenses. Maccarone then also attempted to obtain additional relief from the State by filing an uninsured motorist (UM) claim for his injuries. The Division of Risk Management of the Treasury Department denied the claim; it reasoned the State is exempt from the provisions of the Motor Vehicle Security-Responsibility Law (Responsibility Law), N.J.S.A. 39:6-23 to -60, and is not required to carry uninsured motorist, underinsured motorist or personal injury protection (PIP) coverage. The Appellate Panel confirmed the decision; the Responsibility Law's compulsory insurance requirements imposed on private owners does not apply to public entities and that workers' compensation was the exclusive remedy available to Maccarone.
If you injured or contract an occupational disease while working, please contact Mark & Galusha, your Workers Compensation attorneys representing clients in Newark & Montclair, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.
