Casino Dealer Wins Workers Comp Award Because Traffic Accident Occurred on Work Premises
An appellate court ruled that Harrah’s Atlantic City, a casino in New Jersey, is liable for a workers comp reward to one of its employees who was in a traffic accident on the casino’s premises.
In September 2012, Carla Burdette was leaving Harrah’s, where she worked as a dealer, around 10 PM. As she left the casino’s parking garage, turning onto a three-lane street, her vehicle was struck.
Harrah’s contended that it had no liability for the accident because the front of Burdette’s vehicle was already in the public street. However, a grainy photograph from a security camera was used as evidence that the rear of Burdette’s vehicle was still on Harrah’s property, and as a worker for the casino, Burdette was entitled to workers compensation. According to New Jersey’s workers comp law, Burdette “never fully left her employer’s premises.”
The appellate court’s decision reiterated that an employee is considered “on the job” until they fully leave the premises of their place of employment.
The two-judge panel ruled that Harrah’s must cover the cost of Burdette’s injuries in her workers comp claim. A judge with the state Division of Workers’ Compensation ruled in favor of Burdette’s workers comp claim in March 2013.
Workers Comp in South Carolina
Any full-time employee (working for an employer with four or more employees) who has an employment related injury and needs medical attention should be covered under workers’ compensation insurance. It doesn’t matter if the injury was a complete accident or the fault of a co-worker.
South Carolina does not award workers compensation to workers who are intoxicated on the job. This accusation could be used as “employer retaliation,” however, and the claim is difficult to prove. Just because your employer, or your employer’s insurance company, denies your workers’ compensation claim does not mean that they are right to deny your workers’ comp benefits.
If the employer is using a legal reason to deny workers’ comp, you need to determine if the reason is valid, or if it is a false accusation against you (such as a work injury due to intoxication). Your employer also may not want to accept your work injury, especially if your injury is difficult to prove and requires you to seek legal assistance. Some job-related injuries employers may initially deny are from repetitive injuries, stress, mental conditions, and environmental conditions such as claims of toxic exposure.
The Strom Law Firm Can Help with Workers Comp Claims in South Carolina
The workers comp lawyers at The Strom Law Firm, LLC proudly seek justice on behalf of employees injured or killed on the job who work for private companies, as well as employees working for local county, city, and state government. We are licensed to practice throughout South Carolina, as well as Georgia and New York. If you are confused about worker’s comp laws, or have had your worker’s comp claim denied, contact us. We offer free consultations to discuss the facts of your case.803.252.4800.