Article ID: 4bd814d8af4b6b39c37ce628fcdc49d996de42d4a4730c83416aa59402cd702a
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URL: https://www.businessinsurance.com/court-bars-shoulder-injury-damages-in-discrimination-suit/
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Court bars shoulder injury damages in discrimination suit - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Court bars shoulder injury damages in discrimination suit by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Sep 24, 2026 A New Jersey appeals court on Monday ruled that a worker who received workers compensation benefits for a shoulder injury cannot seek damages for that injury in a subsequent discrimination and retaliation lawsuit against his employer. In Haskins v. Casey , the Superior Court of New Jersey, Appellate Division, reversed orders allowing the worker to pursue bodily injury damages and present evidence of workers comp benefits to a jury, finding the workplace injury was not caused by the alleged discrimination. Dane “Ali” Haskins, a warehouse material handler for Ekornes, injured his left shoulder in December 2020 in an incident involving reaching and a fall involving pallets. He filed a workers comp claim in June 2021 and received $85,995 in permanent disability benefits under a November 2022 settlement. Mr. Haskins later sued Ekornes and three company officials, alleging the employer placed him on Family and Medical Leave Act leave, denied a requested accommodation and fired him in December 2021 after he sought comp benefits. His claims included disability and racial discrimination and retaliation for filing the comp claim. A trial court ruled he could seek damages for his shoulder injury if a jury found unlawful retaliation or wrongful termination. It also allowed him to present evidence of medical and disability benefits paid by the employer’s workers comp insurer. The appeals court said that ruling misapplied a 2021 New Jersey Supreme Court decision allowing a teacher to pursue discrimination damages for injuries allegedly caused by her employer’s failure to accommodate her diabetes. Mr. Haskins’ shoulder injury, by contrast, resulted from a workplace accident and was not caused by discrimination or a failure to accommodate, the court said. The panel also rejected his argument that a potential workers comp lien against a discrimination award justified including the shoulder injury in the lawsuit. Ekornes acknowledged that neither it nor its insurer would assert such a lien, and the court said an award for the alleged discrimination would not compensate him for the workplace injury. The court further rejected the argument that alleged retaliation stripped the employer of workers comp exclusive-remedy protection for the original injury. The unpublished decision remanded the case for further proceedings, leaving Mr. Haskins free to pursue legally viable employment claims, including damages for lost wages and emotional distress. Related News Judge voids doctor’s malpractice cover over hidden assault settlement September 24, 2026 Liberty Mutual hires Miller reinsurance executive September 24, 2026 NFP names Henry president of US regions September 24, 2026 Sedgwick introduces carrier and captive solutions practice September 24, 2026 Perfect candidate. Wrong mortgage. 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