New Jersey Statutes
N.J. Stat. § 34:15-8 (2026)
Election surrender of other remedies
✓ current as of May 2026
Such agreement shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereof than as provided in this article and an acceptance of all the provisions of this article, and shall bind the employee and for compensation for the employee's death shall bind the employee's personal representatives, surviving spouse and next of kin, as well as the employer, and those conducting the employer's business during bankruptcy or insolvency.
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.
Amended by L.1961, c. 2, p. 14, s. 1; L.1979, c. 283, s. 2, eff. Jan. 10, 1980.
Notes of Decisions
Cited in 125
cases (36 in the last 5 years), 1958–2026 · leading case: Silvestre v. Bell Atl. Corp., 973 F. Supp. 475 (D.N.J. 1997).
Silvestre v. Bell Atl. Corp., 973 F. Supp. 475 (D.N.J. 1997). “Under Jersey law an action in negligence against an employer is barred by the New Jersey Workers Compensation Act, N.J.S.A. § 34:15-8. 5 See. e.g., Fregara v.”
Richter v. Oakland Bd. of Educ., 211 A.3d 1226 (N.J. Super. Ct. App. Div. 2019). “However, the Compensation Act carves out an intentional wrong exception to the exclusivity of relief provided by a workers' compensation claim where it provides: If an injury or death is compensable under this article, a person shall not be liable to anyone at common law or…”
Cremen v. Harrah's Marina Hotel Casino, 680 F. Supp. 150 (D.N.J. 1988). “Generally, where, as here, an employee’s claimed injuries fall within the coverage of the worker’s compensation law, the employee is barred from seeking further legal redress from an employer or co-employee.”
Copeland v. Johns-Manville Prods. Corp., 492 F. Supp. 498 (D.N.J. 1980). “The quid pro quo for this statutory declaration of employer liability for all employee injuries is to be found in N.J.S.A. 34:15-8, which provides that the agreement of the parties to adhere to the article on elective compensation shall normally bar the pursuit of other remedies…”
Bove v. Akpharma Inc., 213 A.3d 948 (N.J. Super. Ct. App. Div. 2019). “[ N.J.S.A. 34:15-8.] The statutory language of the WCA involving an exception for intentional wrongs was added in 1961.”
Roma v. United States, 344 F.3d 352 (3rd Cir. 2003). “2d 350, 353 (1998); see N.J. Stat. Ann. § 34:15-8 (acceptance of workmen’s compensation “shall be a surrender by the [employee] .”
Fermaintt Ex Rel. Est. of Lawlor v. Mcwane, Inc., 694 F. Supp. 2d 339 (D.N.J. 2010). “See N.J. Stat. Ann. § 34:15-8 . The Workmen Compensation system arose out of desire to protect employees from the increasing number of industrial accidents and the inadequacies of the common-law tort remedies.”
Diaz v. Johnson Matthey, Inc., 869 F. Supp. 1155 (D.N.J. 1994). “JMI’s motion is granted because plaintiffs exclusive remedy against his emplpyer is under the provisions of the New Jersey Workers’ Compensation Act, N.J.S.A. 34:15-8 (Supp.1994). Summary judgment on plaintiffs’ fraud, conspiracy, and punitive damages claims is denied because…”
Mardini v. Viking Freight, Inc., 92 F. Supp. 2d 378 (D.N.J. 1999). “The New Jersey Workers’ Compensation Act Bars Plaintiff’s Negligent Supervision of Employees Claims.”
Stringer v. Minnesota Vikings Football Club, LLC, 705 N.W.2d 746 (Minn. 2005). “§ 44-501 (b) (2005) (stating that "no employer, or other employee of such employer, shall be liable for any injury for which compensation is recoverable under the workers compensation act"); N.J. Stat. Ann. § 34:15-8 (2005) (stating that "[i]f an injury or death is compensable…”
Torres v. Lucca's Bakery, 487 F. Supp. 2d 507 (D.N.J. 2007). “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…”
Eric G. Hanisko v. Billy Casper Golf Mgmt., Inc., 98 A.3d 1192 (N.J. Super. Ct. App. Div. 2014). “34:15-1 to —128, specifically, N.J.S.A. 34:15-8. Two months later, plaintiff filed a workers' compensation claim petition against BCGM alleging he sustained a work-related injury as a result of his fall, which arose out of and in the course of his employment.”
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