A Capehart Scatchard Blog

Tag: Negligence

Appellate Division Holds That Public Employee Injured In Shared Parking Lot With Employees And The Public Is Not Covered For Workers’ Compensation Purposes And Can Sue Her Employer

By on March 26, 2021 in Claims, NJ Workers' Comp with 2 Comments

When an employee is injured on the employer’s premises, including a parking lot owned and controlled by the employer, it is fundamental that such a claim is work related.  If this injury is caused by the actions of another employee, it is also fundamental that the two employees cannot sue each other or their employer […]

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Worker With a Severe Eye Injury Was a Special Employee and Could Not Sue His Joint Employer

Worker With a Severe Eye Injury Was a Special Employee and Could Not Sue His Joint Employer

There are many instances in which an injured worker argues that he was not employed so as to be able to bring a negligence action.  The case of Hernandez v. Port Logistics, A-3558-12T3 (App. Div. 2014) illustrates this situation. Daniel Hernandez was placing a box onto a load of pallets on August 23, 2011, when […]

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