Attorney Karen Vincent leads a presentation on the defense of off-premise injuries in New Jersey. In this presentation she discusses lunchtime injuries, accidents occurring during commutes to work, and “special missions.”
New York injured workers are compensated through their employer’s workers’ compensation insurance policies for all lost time and medical treatment that is causally related to their work-related injury. However, an injured worker can be precluded from receiving continuing and prior benefits if he or she acts fraudulently for the purpose of obtaining such benefits.
Attorneys Joseph Melchionne and Greg Lois discuss defenses commonly raised in New York workers’ compensation cases. They discuss the defense of notice, statute of limitations, intoxication, and recreational loss among others.
Workers’ Compensation benefits are analogous to no fault benefits because the employee will be entitled to benefits regardless of whether the employee was negligent in causing the injury or death. By the same token, an employer’s negligence is not considered. Comparative negligence, contributory negligence, or the act of God doctrines are not applicable in determining entitlement to workers’ compensation benefits in New York. Pierce v. Young, 252 N.Y. 520 (1929).