It is not uncommon for an employee to live in New Jersey and work in Pennsylvania, or, to be engaged in work activities in both states. Thus, if the employee suffers an injury, it may not immediately be apparent which state’s workers’ compensation laws apply. Recently, a New Jersey court discussed the grounds for determining the applicability of a state’s compensation act in a case in which a resident of New Jersey who was injured while working in Pennsylvania filed claims with the New Jersey Workers’ Compensation division. If you were hurt at work, you might be owed benefits, and it is prudent to consult a skillful New Jersey workers’ compensation attorney regarding your rights.
Facts of the Case
It is alleged that the claimant, who lives in New Jersey, filed two claims petitions with the Division of Workers’ Compensation (the Division) seeking benefits from his employer. The first claim alleged that the claimant suffered an injury to his hip while working for his employer in Philadelphia in 2015. The second claim alleged that the claimant suffered an occupational injury to his hip due to repetitive motions while he was performing his job duties from 1986 to the present, at the employer’s site in Philadelphia.
It is reported that the employer moved to have both petitions dismissed due to a lack of jurisdiction. Specifically, it argued the claimant did not work in New Jersey, the accident did not occur there, and the employer did not have any contact with the state. Following a hearing, a judge granted the defendant’s motion. The plaintiff then appealed. Continue Reading ›