Workers Comp
NJ Employee’s Injury on Public Street Ruled Not Compensable Under Workers’ Compensation Law
Employees who cross public highways while walking to and from commuter lots may not be covered by New Jersey workers’ compensation laws in the event of an injury, even if the employer leases parking spaces in that lot. In a case recently decided by the New Jersey Appellate Court, Jersey Medical Center/RWJ Barnabas Health (RWJ) prevailed on a motion to dismiss a claim for workers’ compensation benefits by employee Emily Manuel (Emily) after she was hit by a car while crossing a public street on her way to a commuter lot.
Emily began working...
Read More....Volunteer Not Entitled to NJ Workers’ Compensation Benefits
A worker who was injured while volunteering for a “Family Fun Day” organized by her employer, and situated on her employer’s property, was not entitled to workers’ compensation benefits. In a case recently decided by the New Jersey Appellate Court, the plaintiff-worker failed to prove that she was engaged in the normal course of her work with her employer when she sustained her injury.
The plaintiff, Kim Goulding (Kim), was employed as a cook on an hourly basis by the defendant, NJ Friendship House (Friendship House). In September 2017,...
Read More....Sorry, the Stomach Virus is Not a Disability Under NJ Discrimination Law
James Riconda worked for US Foods, Inc. as a warehouse selector for about two years before he was fired. A few days prior to his termination, Riconda became ill and exhibited symptoms of the stomach flu. Riconda informed his supervisor, who allowed him to take a break, but his symptoms continued to worsen. At the time when this happened, Riconda did not have any sick days left at work. Riconda went to the hospital and informed his employer that he would not be at work for a few days and that upon his return, he would provide a doctor’s note. When...
Read More....Workers’ Compensation Bar Does Not Prevent Third-Party Claims
While it is true that injured workers in New Jersey have limited options to pursue claims against their employer, there may be the opportunity to pursue claims against a third-party who had a duty towards the worker but failed to carry out that duty.
In a recent New Jersey Appellate Division case, Austin v. Morris Plains Contracting, LLC, the Court allowed a jury to decide whether the third-party defendant was responsible for inadequate planning and oversight of the fall protection safety procedures on the job site of the plaintiff employee....
Read More....NJ Workers’ Compensation Benefits Are Extent of Recovery For Experimental Nasal Spray Tester
In the recent New Jersey Appellate Division case of Bove v. AkPharma, the Court prohibited an employee from suing his employer at common law for injuries allegedly sustained by testing an experimental nasal spray on himself at work. The New Jersey Workers’ Compensation Act (“WCA”) compensates employees for injuries that occur at work. However, the WCA also prohibits employees from pursuing common law remedies against their employer outside of workers’ compensation except in limited circumstances. The employer’s immunity...
Read More....
