Malamut & Associates


New Jersey Compensation Board on Resident Injured Out of State

May 26, 2017 |

The Division of Workers’ Compensation has found it has jurisdiction over the case of a resident of the state that sustained an injury on an out-of-state job site. In the case, the resident was at home when he accepted the job offer, which an appeals court has ruled means it can be pursued within the state.

The Appellate Division reversed a previous decision by Judge George Pollard of the Paterson Workers’ Compensation Court that had dismissed the compensation petition previously due to a lack of jurisdiction. The case had been dismissed due to the warehouse in which the worker was injured being in New York. However, the appeals court found factors other than the location of injury should be considered when making such a judgment.

Law clearly indicates that a pending Workers’ Compensation proceeding or award in another state doesn’t bar a worker from seeking damages in New Jersey. Since New Jersey was the location in which the employment contract was created, it can be used as the place where the final act necessary for its formation was completed.

This case has opened the door for other cases that have been previously dismissed due to happening in another state. Those who have had their claims denied based on these factors may be able to have their case revisited. Factors such as where the employment was created and where the person lives is now a viable option in legal defense.

If you had a claim denied for similar reasons, we can help. At Malamut & Associates, we understand the different intricacies that can come up in each unique Workers’ Compensation case. Our team of attorneys work to ensure our clients will have the best options when it comes to recovering the damages to which they are entitled. Contact us today to find out how we can help with your claim.