Remedy for parking lot accident is workers compensation claim
August 17, 2012
Determining whether an accident occurred on or off the job can sometimes determine in what manner an individual should be compensated in a lawsuit. An accident in a New Jersey parking lot involving two separate employees reveals just how complex the area of workers’ compensation can be.
A female employee drove to work and parked in her employer’s parking lot. She did not get out of her car immediately, however, and instead listened to her radio while drinking coffee. In the meantime, a co-worker then drove into the lot and crashed his car into her vehicle.
The female employee brought a lawsuit against her co-employee, and claims that she had received injuries to her head, neck, back, shoulder, back, knees and toes. She states that she lost consciousness in the crash, and that she was treated at the hospital.
The woman’s lawsuit against the co-worker was dismissed. The lawsuit was said to be barred due to her sole remedy for her injuries being under workers’ compensation law. It was felt that the woman utilized the parking lot solely as a location to arrive at work, that the accident involved two co-workers, and that the parking lot location was under the control of the employer.
This demonstrates that when there is a question as to whether an injury is work-related, it’s always a good idea to consult with an attorney that understands workers’ compensation law. Such an attorney will understand precisely how to proceed, and will understand the importance of why the workers’ claim may be the single chance for the client to recover.
Source: Risk & Insurance, “Coworker saved from liability for parking lot incident,” August 13, 2012