Under New Jersey law, employees who suffer an injury or contract an illness in the course of their job duties should receive workers’ compensation benefits, which include reimbursement for medical costs and part of the income they’ve lost. This standard might seem simple enough, but questions sometimes arise when vehicle accidents occur while a person is traveling to and from work. 

Generally, crashes during one’s commute fall outside the purview of worker’s compensation coverage. This can be true even if the claimant is driving a car owned by their employer. However, there are circumstances that can make the victim eligible for benefits.

The premises rule generally states that injuries occurring on property controlled by the employer are covered under workers’ compensation. This includes parking lots owned, maintained or designated by the employer for employee use. For example, if you are injured in a vehicle accident while walking to your car in your employer’s parking lot, the injury may be compensable because it occurred on the employer’s premises. Of course, many New Jersey employees work in locations where parking facilities are shared with other businesses and are not directly controlled by the employer. In such cases, the connection between the accident and the employer’s control over the premises will be closely examined.

Disputes over workers’ comp coverage also exist in situations where someone going to, or coming from, their employer’s business, but are not actually commuting. In Keim v. Above All Termite & Pest Control, the Supreme Court of New Jersey reviewed a case where an exterminator was injured in a crash while driving a company-owned vehicle on his way to his employer’s shop. However, he claimed this was not part of his commute as he was only going to the Above All location to pick up supplies necessary to complete his work at various sites throughout the day.

Pursuant to the authorized vehicle rule, the justices agreed that the accident occurred during the course of Mr. Keim’s employment. As he was replenishing supplies, the justices said workers’ compensation coverage did apply because he was operating an employer-owned vehicle to complete a task expressly authorized by Above All.

If you are unsure about whether a particular injury qualifies for workers’ compensation benefits, you should speak with a qualified lawyer immediately. Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC, with offices in Newton and Succasunna, represents injured employees in New Jersey workers’ compensation claims. To schedule a consultation, please call 973-737-1023 or contact us online.