New Jersey § 34:15-7

§ 34:15-7.

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.