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Saturday, March 23, 2013

The Going and Coming Rule: Parking Lot Injury Held Not Compensable

English: Symbol of interchange parking. Italia...

A NJ appellate court ruled that an employee who was severely injured in a parking lot as a result of a slip and fall was not entitled to workers’ compensation benefits since the injury occurred “off the premises” and the employer did not control the employee’s parking.

The Court also ruled, that even though a separate corporation that owned the parking lot, the corporate veil could not be pierced in absence of the proof of fraud by the employer. The employer merely rented the store premises and not the parking lot. 

Cottone v Medical Supply Corp. and NJ Manufacturers (Intervener) 
2013 WL 1136114 (N.J.Super.A.D.) Decided March 20, 2013



Read more about "parking lot" cases and workers' compensation

Jan 09, 2012
The situation becomes more complicated when the employee is involved in an accident in a parking lot not owned or controlled by the employer. In those instances the courts traditionally look to whether the employer directed ...
Jul 25, 2012
A NJ Court of Appeals in a definitive statement about off-premises injuries, strongly affirmed the rule that when an employee arrives at am employer designated parking lot, the employee arrives at work. Even though the ...
Dec 08, 2012
Court Rules Site of Accident Invokes Exclusivity Rule. English: Motor vehicle accident following a ve... A NJ appeals court ruled that a motor vehicle accident cause by a co-worker in the emplyers' parking lot, before work had.
Dec 03, 2012
... pick up her children at the end of the day, her parents contacted her employer, who then called the apartment complex manager after determining the victim's personal vehicle was still at the refinishing company's parking lot.

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