Last week, the NJ Supreme Court heard arguments in a case that explores the limits of workers' compensation benefits available to employees injured on their way to work. In Hersh v. County of Morris, a county employee was injured while crossing the street adjacent to a private parking garage where the county leased spaces. At issue is whether the parking garage and the 2-block walk from the garage to the county building where the employee worked were under the control of the employer pursuant to the New Jersey Workers' Compensation Act. A workers' compensation judge and appellate court answered yes, and held that the accident is compensable under the "coming-and-going" rule. Under this rule, where the employee chooses how they get to work, but the employer designates where the employee parks their motor vehicle, the scope of employment usually begins when the employee parks in the space designated by the employer. Most published cases discussing this concept, however, involve employer-designated parking spaces that are located on the employer's premises - not offsite as is the case in Hersh. The Supreme's Court's decision in this case is highly anticipated by the personal injury and workers' compensation bar.
NJ Supreme Court Explores Compensability of Employee Injury Sustained En Route from Employer-Paid Parking
