What State Workers’ Compensation court should I bring my case in if I am hurt while working? The answer to this question may seem obvious but in New Jersey there are additional State courts where a claim may be brought. The answer to the above question is that a person injured while on the job in New Jersey has a right to bring a Workers’ Compensation claim here. There are exceptions to this basic rule, however.
For instance, an employee of a New Jersey company who is injured while on the job in another State may still bring a claim in New Jersey. Our Workers’ Compensation law permits the filing of a claim in New Jersey even if an employee is working outside the State. The key point is that the employee must be employed by a New Jersey based company. As an example, a truck driver who is employed by a New Jersey company is injured in a motor vehicle accident in New York still has a claim for New Jersey Workers’ Compensation benefits.
What if the injured employee is not hurt on the job in New Jersey and does not work for a New Jersey based company? Can the injured employee still bring a claim in New Jersey for Workers’ Compensation benefits? The answer to the foregoing question is yes depending on the facts of the case.
If the employee’s work has substantial contacts in New Jersey the injured employee may still be able to bring a Workers’ Compensation claim here. A truck driver who lives in New Jersey has a motor vehicle accident in Pennsylvania while working and is injured. His employer is located in New York and he was hired there. However, his job duties require the New Jersey resident employee to drive to Elizabeth, New Jersey to pick up his empty trailer. He then drives this trailer to Parsippany, New Jersey to have it loaded with materials. The employee then drives over the roads of New Jersey to Pennsylvania where he has an accident and is injured. Our court has held that this employee’s work had substantial contacts with New Jersey to allow his Workers’ Compensation claim to be brought in New Jersey.
Therefore an employee injured on the job may be able to bring a Workers’ Compensation claim in more than one state. Although there cannot be a duplication of benefits a claim maybe made in more than one jurisdiction for Workers’ Compensation benefits. — Frank Hlavenka