The Degree of Employer Control Determines Compensability in an Off-Premises Parking Lot Case

The NJ Supreme Court declared the nature of the employer's control determines compensability in an off-premises parking lot claim. The Court ruled that the NJ 1979 Legislative amendments mandate that the "coming and going" rule bars such a workers' compensation claim when an employee is injured on a public street while walking to and from a public parking lot.

The Court held that even though the employer provided a parking pass to the employee to park in the public lot, that since the employer did not own, maintain or exercise control over the lot nor the route that the employee must take in commuting to the employer's premises, the employee could not pursue a workers' compensation claim.

The element of "control" pervades many issues in workers' compensation including "employment status. NJ has "The Right to Control Test" that is utilized in determining the employment status of the employee.. This is been a major factor in misclassification of workers and the eligibility of workers' compensation cover.

Hersh v. County of Morris A-59 NJ Supreme Court, Decided April 1, 2014.

Note: This cases and others will be the subject the NJ Hot Topics in Workers' Compensation Law Seminar on June 18, 2014. Both Lewis Stein, Esq. and John R. Tort, Jr., Esq., who were the lead counsel representing the parties involved in the litigation, will participating in the upcoming seminar.

Click here to register today.