Injuries Sustained in Workplace Fight Covered by Workers’ Compensation
Sep 23, 2019
Pennsauken, NJ (Law Firm Newswire) September 23, 2019 – An appellate court recently reaffirmed an earlier decision in a workers’ compensation case regarding a man’s shoulder injury sustained in a workplace altercation with a fellow employee. The man was found to be eligible for workers’ compensation benefits.
The men involved in the fight were both working at Aluminum Shapes in Pennsauken Township, New Jersey. Their accounts of the incident, which lead to the shoulder injury, differed. However, the two men engaged in multiple physical confrontations in and around the employee locker room. During these incidents, the injured man was either thrown or fell and injured his shoulder.
The injured man filed for medical and disability compensation of more than $15,000. Aluminum Shapes countered with the claim that the injury was the result of a deliberate attack and therefore, not the company’s responsibility.
The judge in the case, however, asserted that the men did not have any prior disagreement which would necessitate a deliberate, premeditated assault. Each was acting to defend himself from the aggressive actions of the other, and this resulted in the injured man’s unfortunate fall.
“In any workplace, there can be disagreements and tensions may sometimes flare,” said Scott M. Goldberg of South New Jersey employment and workers’ compensation firm Petrillo & Goldberg Law. “Even in a dramatic incident, such as this case, workers’ compensation applies because the injury occurred during work hours.”
Petrillo and Goldberg Law serves the South Jersey and Philadelphia areas with all matters of personal and workplace injuries. Visit their website at https://www.petrilloandgoldberg.com.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
- Workers’ compensation for worker who contracted Legionnaires’ Disease
A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […]
- Settlement of labor law accusations against six South Jersey gas stations
According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […]
- Governor Christie says he will approve back pay for furloughed workers during government shutdown
New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […]
- Long wait for survivor benefits for the spouse of volunteer
Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […]
- Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]