New Jersey § 34:15-1 Employees' right to recover for negligent injury;  willful negligence as defense;  jury question

New Jersey Statutes

§ 34:15-1 — Employees' right to recover for negligent injury; willful negligence as defense; jury question

New Jersey § 34:15-1

Title 34LABOR AND WORKMEN'S COMPENSATION

This text of New Jersey § 34:15-1 (Employees' right to recover for negligent injury; willful negligence as defense; jury question) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 34:15-1 (2026).

Text

When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence.

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When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence.