Jones Jones LLC is pleased to announce that New Jersey Partner Christine Diana recently secured two favorable decisions before the New Jersey State Workers’ Compensation Board on behalf of a construction client.
In the first case, the claimant, a tree service employee, was injured in front of a private residence. Upon initial investigation, Jones Jones found the claimant was not injured on one of the sites covered by the company’s insurance policy. Christine filed a motion to dismiss the claim and the law judge ruled in favor of her motion. Jones Jones’ client was not found responsible for paying any workers’ compensation benefits.
In the second case, the claimant, a private security guard working for a private company that does work with a government entity covered by Jones Jones’ client, was injured on private property. Upon thorough review of the government entity’s insurance policy and the property where the injury took place it was found that the address was private property and not owned by the government entity, meaning it was not covered by the government entity’s insurance policy. Additionally, the claimant was not on the contract with the private entity and therefore also not covered by the government entity’s policy. Christine filed a motion to dismiss, stating there was lack of coverage and employment, and the law judge ruled in favor of her motion.
Throughout each case Christine and her team dedicated extraordinary time and resources investigating and researching the claim. Understanding the site of the accident, learning all the particulars of the injuries and knowing every detail of the insurance policy were all key factors in Christine’s success. Additionally, having a copy of the policy on hand helps to serve as further evidence of lack of coverage. Often the claimant’s attorney does not have a clear understanding of workers’ compensation insurance, specific policy language and what it covers. As a result, these attorneys frequently select the first policy they find for a claim. The defending team’s superior knowledge of not only that specific policy, but of the workings of workers’ compensation insurance, helps defend against often baseless claims.
Congratulations Christine. If you have a case similar to this one and need assistance, please connect with our appellate team today at clientservices@jonesjonesllc.com!
