Application of New Jersey’s premises rule to injury on employer’s access driveway
The premises rule applies when an employee seeks to recover workers’ compensation or when an employee attempts to file a suit for damages against their employer. If the employee is injured on the employer’s premises, they cannot file a suit for damages against the employer. Workers’ compensation is the injured employee’s only remedy against the […]
Determining when an employee is within the scope of employment proves challenging
When is an employee within the scope of employment? The question arises when an employee files a workers’ compensation claim. The same question is asked when an employee files a negligence or personal injury action against an employer. Recently, a worker for the Department of Public Works (DPW) for the City of Passaic, New Jersey […]
Injuries to an over-the-road truck driver while not driving
Workers’ compensation covers over-the-road truck drivers while they are driving from point A to point B, but not all truck driver’s injuries happen on the road. The driver may fall while stopping to eat lunch or suffer an injury at a hotel. A man who worked for Sangillo as an interstate truck driver was carrying […]
Recovering workers’ compensation for a knee replacement
An employee whose work aggravates a preexisting condition to the extent that a knee replacement is necessary can recovery workers’ compensation. Proving work duties caused the aggravation of the condition can be difficult. A man began working in 2007 as a custodian for the Pennsauken Board of Education (Board). He had osteoarthritis before he began […]
Teacher’s right to accidental disability retirement benefits for injury at an after-school event
Many teachers volunteer to participate in after-school events. What happens when a teacher suffers an accidental injury at such an event? A mathematics teacher for the Clearview Regional School District in New Jersey, volunteered to act as a line judge at an after-school volleyball tournament, an event held to raise funds. During the event a […]
Worker’s right to compensation for an injury in an altercation with a co-worker
Disputes arise between employees at work and can result in unintended injuries. When an employee who is injured in an altercation with a co-worker seeks to recover workers’ compensation, the resolution of the case may turn on whether a causal connection exists between the dispute and the employment. A recent decision of the Appellate Division […]
Determining the amount of workers’ compensation benefits for a part-time employee
Many people work part-time jobs, in addition to their full-time jobs. How much workers’ compensation can the employee get if they are injured at their part-time job? An employee who suffers permanent disability on a job can get benefits based on the percentage of disability and 70 percent of the employee’s average weekly wage. In […]