New Jersey’s premises rule used in casino workers comp case
February 19, 2014 Published in Firm News,Workers' Compensation
While some workers’ compensation cases are easily determined, based on facts presented to the court, other cases may be a little more difficult to substantiate. A clear cut answer may not always be available, leaving the courts to determine whether or not benefits should be awarded.
During one such case, the Division of Workers’ Compensation made a ruling in May, 2013 by awarding a Harrah’s Casino employee temporary and medical benefits. The presiding judge over the case ruled that under New Jersey’s workers’ compensation law, the employee was allowed workers’ compensation benefits because she was technically still on Harrah’s property when an accident took place.
The controversial incident occurred back on September 19, 2012, when the casino dealer’s SUV was hit by a car while leaving Harrah’s Casino. Questions were raised as to whether the employee would receive workers compensation benefits because she was halfway onto MGM Mirage Boulevard when the accident happened. Police reports documented the crash site information, noting that the employee’s SUV was partially on the driveway owned by Harrah’s at the time.
After the employee filed a workers’ compensation claim in October 2012, Harrah’s Casino denied the claim, stating that the company was not at fault. The case was then brought to court where the ruling was made. Although Harrah’s appealed the ruling, it was ultimately upheld when taken to the appellate court.
Obtaining workers’ compensation benefits for an injury sustained while at work may be difficult. People dealing with a work-related injury might find it helpful to discuss their situation with an experienced personal injury attorney.
Source: Insurance Journal, “N.J. Casino Dealer Wins Workers’ Comp Dispute by a Foot,” Feb. 10, 2014