In most states, injuries suffered by employees in parking lots almost always call into question the employer’s premises, coming and going regulations, and whether a worker was in the course and scope of his job at the time.
New Jersey Gov. Phil Murphy aimed to clear things up on Jan. 10 by signing legislation that puts an employee on the clock when he arrives on employer-operated property. An article analyzing the issue was the third most read workers’ compensation article of the year Business insurances website.
Lawmakers said the intent of SB 771 is to prevent such rulings as a 2014 New Jersey Supreme Court ruling — Hersh v. County of Morris — which found not compensable for the injuries sustained by a worker who was hit by a vehicle in an employer̵7;s parking lot. A little more than a week after the bill was signed into law, the New Jersey Supreme Court found compensable damages sustained in a similar accident.
In Florida, however, an appeals court ruled on March 10 Aquino v. American Airlines that an airport worker was not entitled to benefits for an injury that occurred while walking through the terminal to a shuttle bus stop.
Facing a similar issue regarding an employee injured in a parking lot, the Oklahoma Supreme Court said June 2 that a worker who was seriously injured crossing a busy highway to get to work can sue his employer because the injury did not occur in the course of employment. and “covered by the tort” if there is reasonable cause.
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