by Rachel A. Gonzalez

The New Jersey Appellate Division recently upheld a workers' compensation award to a Harrah's Atlantic City employee injured in a car accident that occurred while she was leaving work.

Facts

Harrah's operates a casino in Atlantic City, where Carla Burdette worked as a card dealer. After she completed her shift on September 19, 2012, Burdette got into her Ford Explorer, which was parked in Harrah's parking lot. She drove along an internal Harrah's driveway and passed through a Harrah's security gate. She then attempted to make a lawful left turn onto a three-lane public highway (the boulevard).

As Burdette started to turn, a Toyota Camry hit the driver's side door of her vehicle. She suffered injuries to her head, neck, back, hands, shoulders, and left knee. At the time of the accident, her vehicle was partially on the boulevard and partially on Harrah's driveway apron. The point of the injury — the driver's side of the vehicle — was on the boulevard, not on Harrah's driveway apron.

Burdette filed a workers' compensation claim seeking temporary partial disability and medical benefits. Harrah's opposed her claim and denied responsibility for her injuries. A workers' compensation judge awarded her benefits, holding that her car was still slightly in Harrah's parking lot, and the injury therefore occurred during the course of her employment under the workers' compensation statute.

Harrah's appealed, claiming that because the injuries occurred on the boulevard, Burdette did not suffer a compensable workers' compensation injury.

Appellate Division's decision

The New Jersey appellate court upheld the workers' compensation decision. In doing so, the court found that Burdette's accident arose out of and in the course of her employment. The court based its decision on the premises rule set forth in N.J.S.A. 34:15-36, which states: "Employment shall be deemed to commence when an employee arrives at the employer's place of employment, excluding areas not under the control of the employer."

When deciding claims that fall under the premises rule, courts analyze the location of the accident and whether the employer had control over the property where the accident took place.

Here, the court found that Burdette never completely left Harrah's property, and "the exact spot where [she] suffered injuries was neither remote from, nor unconnected to, her work premises." Essentially, her injuries occurred as a result of her employment and were therefore compensable under the workers' compensation statute.

Bottom line

New Jersey employers need to be mindful of the premises rule and exercise care to prevent hazards that occur on sidewalks, in parking lots, and on thoroughfares that employees may use to get to and from work. Such due diligence will minimize the chance of injury and accidents for which you will be liable, including compensable workers' compensation claims.

Rachel A. Gonzalez is Counsel with  Day Pitney LLP and can be reached at rgonzalez@daypitney.com.