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Tuesday, May 17, 2011

Workers Compensation Act Does Not Bar A Negligence Action Against A General Partnership

In a recent court decision, an injured worker was permitted, in addition to her workers' compensation claim, to file an action against the general partnership for negligent conduct. The Court found that even though the workers' compensation is no-fault, the employee has a right to proceed and recover damages directly against the general partnership.

The injured employee was employed by Time Warner Entertainment Co., L.P. and slipped on black ice in the parking lot. The employee filed and claimed benefits from the employer in workers' compensation. Additionally, the employee filed a civil action against, among others, the Time Warner EntertainmentAdvance/Newhouse Partnership.

The court held that the employee could pursue an action in negligence against a general partnership after receiving workers' compensation benefits from her employer.

Whitfield v. Bononno Real Estate Group, et al., 2011 WL 1798874 (N.J.Super. A.D.) Decided May 12, 2011.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.


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