Forklift operator walks into a bar: Injury covered by NJ workers' comp law

The New Jersey Appellate Division recently upheld the trial court's dismissal of a negligence action a leased warehouse worker filed against his employer for injuries sustained while on duty. The appellate court found the worker was a "special employee" of the warehouse, subjecting him to the exclusive remedy of workers' compensation for his injuries, as provided by the New Jersey Workers' Compensation Act (WCA). Accordingly, he was prohibited from bringing the civil suit against the employer for work-related injuries, absent the commission of an intentional wrong.

Facts

Minda Supply operates a warehouse that stores goods for the dry-cleaning industry. Carlton Hocutt accepted the opportunity to work at the warehouse through a leasing agency. On his second day, he was riding on the back of a forklift when the driver inadvertently backed the vehicle into an I-beam, severely injuring the passenger's leg.

Though warehouse employees commonly rode on the forklifts, the practice violates federal workplace safety regulations. Accordingly, the Occupational Safety and Health Administration (OSHA) issued three citations to the warehouse.

Hocutt sued for damages, alleging his injuries were caused by the warehouse's negligence. The trial court dismissed the lawsuit, ruling his exclusive remedy rests with workers' comp.

Hocutt appealed the trial court's decision, claiming he wasn't an employee within the meaning of the WCA, and even if he were, the warehouse committed an intentional wrong, which the Act doesn't cover.

'An exceptional wrong; not an intentional wrong'