2009 New Jersey Code
34:15-7 - Compensation by agreement;  defenses;  burden of proof

34:15-7.  Compensation by agreement;  defenses;  burden of proof
    When employer and employee shall by agreement, either express or implied, as  hereinafter provided, accept the provisions of this article compensation for  personal injuries to, or for the death of, such employee by accident arising  out of and in the course of employment shall be made by the employer without  regard to the negligence of the employer, according to the schedule contained  in sections 34:15-12 and 34:15-13 of this Title in all cases except when the  injury or death is intentionally self-inflicted, or when intoxication or the  unlawful use of controlled dangerous substances as defined in the  "New Jersey  Controlled Dangerous Substances Act," P.L.1970, c. 266 (C. 24:21-1 et seq.),  or willful failure to make use of a reasonable and proper personal protective  device or devices furnished by the employer, which has or have been clearly  made a requirement of the employee's employment by the employer and uniformly  enforced and which an employer can properly document that despite repeated  warnings, the employee has willfully failed to properly and effectively  utilize, is the natural and proximate cause of injury or death provided,  however, this latter provision shall not apply where there is such imminent  danger or need for immediate action which does not allow for appropriate use of  personal protective device or devices, and the burden of the proof of such fact shall be upon the employer or when recreational or social activities, unless such recreational or social activities are a regular incident of employment and  produce a benefit to the employer beyond improvement in employee health and  morale, are the natural and proximate cause of the injury or death.

     Amended by L.1979, c. 283, s. 1, eff. Jan. 10, 1980.

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