In addition to widespread power outages and property damage, Hurricane Sandy also generated a host of other issues for employers. One issue that local employers face is whether their worksites contain biological or chemical hazards due to flooding or contamination. A common concern for employers that have experienced flooding is the presence of mold in the workplace.
When employers expose employees to health and safety hazards, they expose themselves to potential workers' compensation claims. Moreover, while workers' compensation statutes generally bar tort claims in court, and restrict the availability of certain remedies, states typically allow employees to proceed with such claims in court where an employer is aware of serious hazards in the workplace and intentionally or recklessly exposes its employees to those hazards. In New Jersey, an employee must demonstrate that the employer committed an "intentional wrong" to overcome the workers' compensation bar.
New Jersey employers should carefully assess their property, and other sites where their employers work, to determine if Superstorm Sandy created any health or safety hazards.
Originally published on the Employer's Law Blog
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