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Hit in the Parking Lot? Still Workers’ Comp….

workers compA New Jersey Court of Appeals ruled on workers’ comp case that parking in an employer-designated parking lot constitutes arriving at work.

The lawsuit, filed with the Appellant Court of Morris (County), derived from a woman who was struck by a car after exiting her vehicle. The petitioner parked her car on the third level of the employer-paid parking garage. She exited her vehicle and walked one block. While crossing the street to get into her office building, she was stuck by a car and seriously injured.

The petitioner applied for workers’ comp benefits, including temporary disability and medical treatment. The petitioner was denied benefits after being told the accident did not arise from the petitioner’s employment.

The Lawsuit

The petitioner argued that the garage she parked in was utilized for employee parking by the County and should be considered part of the employer’s premises. She stated she deserved workers’ compensation for her injuries because once she parked her car she had arrived at work.  The County argued that the accident was not covered under workers’ comp because the garage was not adjacent to the work place and was not owned or operated by the County. Furthermore, they claimed, even if the garage was to be considered part of the employer’s premises, once the petitioner exited her vehicle and walked onto the street, the employer had no control and she was outside the sphere of employment. The County argued that, therefore, the accident was not compensable.

The judge ruled that since the employer assigned the petitioner a parking spot two blocks away from her workplace, the petitioner had to cross the busy street. Therefore, when the County assigned the parking two blocks away, the petitioner lost the ability to decide where she wanted to park and the ability to assess the risks herself.

The full ruling can be seen here: http://bit.ly/OiLZZs

 

SC Workers’ Comp Lawyer

Our SC workers’ compensation Lawyer at the Strom Law Firm will argue case like this to help gain you the compensation you deserve for your injuries. If you or a loved one has been injured at work, the Strom Law Firm can help. Our SC workers’ compensation lawyer will help you through every step of the workers’ compensation process. We will be there to assist you through the filing process and continue to stand by your side throughout the process. If your claim is denied, we will file an appeal and continue to fight to get you the compensation that you deserve for your injuries. Call us today for a free consultation. 803.252.4800.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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  1. […] to WIS, the accident occurred on Palmetto Health Richland’s campus. A woman was standing on the sidewalk on Medical Park Drive around 3 a.m. Sunday morning, when an […]

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