M&W Case Alert – New Jersey Supreme Court Modifies the “Going and Coming Rule”

Henry Keim v. Above All Termite & Pest Control (A-30-22) (087603) (November 21, 2023):  On November 21, 2023, the New Jersey Supreme Court clarified the “going and coming rule” applicable to workers compensation claims arising out of auto accidents while workers drive to and from work. When an employee uses a vehicle provided by his or her employer for business expressly authorized by the employer, an accident occurring during its use will trigger entitlement to workers compensation benefits.

Both workers compensation carriers and auto liability insurers should be mindful of this decision, as an auto-based workers compensation claim  potentially affects the availability of Personal Injury Protection (PIP) coverage and raises the specter of a potential workers compensation lien on any liability claim arising out of the accident.

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