JOHN F. RENNER, Esq.
New Jersey Work Injury Lawyer

Burlington County Location:
525 Route 73 North
Suite 104
Marlton, NJ 08053
856.596.8000


Camden County Location:
111 White Horse Pike
Haddon Hts., NJ 08035
856.354.2000



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Archive for March 2008

NJ Work Injury Lawyers Consider Recent Court…

March 10, 2008

NEW JERSEY WORK INJURY LAWYERS CONSIDER RECENT COURT OF APPEALS DECISION REFUSING TO EXPAND THE APPLICATION OF THE “COMING AND GOING” RULE FOR WORKERS COMPENSATION BENEFITS ELIGIBILITY IN NEW JERSEY.

 

The NJ Workers Compensation Act provides a general rule that accidents occurring to employees while the employee is traveling to and from work are not within the course of employment unless “the employee is engaged in the direct performance of duties assigned or directed by the employer.” This rule, known as the coming and going rule, is subject to some important decisions over the years by the Courts of New Jersey. Work accident lawyers in New Jersey often have to use a totality of the circumstances approach to determine the applicability of the coming and going rule.

One exception to the general rule, known as the travel time exception, provides for benefits to injured employees who are provided compensation by the employer for their travel time to and from distant work sites in spite of the fact that they may not be in the direct performance of work duties. If the employee is paid an identifiable amount for time spent in a going and coming trip, then the employee is covered for benefits under the statute as being within the course of employment.

In the recent case before the Court, however, the employee in question was considered under the exception for coverage under workers compensation due to the coming and going rule. The employee was reimbursed for gas consumption, wear and tear on his vehicle and tolls. The employee was not, however, paid for his travel time.

Legal Quote of the Week:

The picture cannot be painted if the significant and the insignificant are given equal prominence. One must know how to select.

Benjamin N. Cardozo, 1870-1938, “Law and Literature” Selected Writings of Benjamin Nathan Cardozo, edited by Margaret E. Hall, 1947.