Recently a female employee drove to work and parked her car in her employer’s parking lot. She didn’t get out of the car right away, but instead turned off the vehicle’s engine, removed her seatbelt and had coffee while listening to the radio. One of her coworkers drove into the lot and crashed his vehicle into her car.
The female employee filed a lawsuit against her coworker, claiming that she sustained injuries to her neck, head, shoulder, knees, back and toes. She also claimed that she lost consciousness and that she had undergone treatment at the hospital.
The employee’s lawsuit against her coworker was dismissed. According to the New Jersey Superior Court Appellate Division, the employee’s suit was barred because her sole remedy for the incurred injury was under the worker’s compensation law.
In the state of New Jersey, an accident victim is eligible for workers’ compensation claim if the accident occurred when the worker arrived at the place of employment to begin the workday.
The complainant stated she and her coworker parked in the employer’s parking lot to proceed to work. She also argued that the parking lot where the accident took place was controlled by the employer. According to the court, the premises rule analyzes whether or not a workplace accident happened during the employment’s course. Under the premises rule, employment starts from the time an employee arrives at the employer’s place of employment to report for work.
The court ruled that the incident in the employer’s parking lot involving two coworkers was subject to the exclusive remedies that workers’ compensation provides. The court also explained it was inconsequential for the employee to arrive early to drink coffee and ease into her workday before performing her functions at work.
New Jersey Workers’ Compensation
In the state of New Jersey, employers are required to have insurance policies for their employees. A lot of employees are not fully aware of the complexities that may take place in NJ workers’ compensation laws. These laws can be really complicated and difficult to navigate. Seeking the legal representation from an experienced New Jersey workers’ compensation lawyer is oftentimes the only way to assure that employees obtain the compensation they deserve.
NJ workers’ compensation laws can be complex. Acquiring the legal counsel of an attorney makes sense. Each company retains an attorney to give advice regarding the company’s rights and payments to injured employees.
It is therefore important that you, too, seek legal advice from a qualified lawyer. Personal injury lawyer Scott Grossman has successfully represented many workplace accident victims in central and northern New Jersey for over 10 years. Contact the Grossman Law Firm today at (732) 625-9494.