New Jersey Court: Injured Delivery Driver Can’t Collect Damages

By | April 9, 2008

  • April 9, 2008 at 9:41 am
    spiritsoul777 says:
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    Hi,

    Did you file negligence? did you appeal the judge’s rulings? those judges are so corrupt or dumb. d

  • April 9, 2008 at 10:17 am
    lastbat says:
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    This is why I like exclusive remedy. I want my state to go back to it. He’s recovering under workers’ compensation so shouldn’t be able to get anything more. The whole point of suing should be to be made whole – and since workers’ comp covers that it should be the exclusive remedy. Good for NJ.

  • April 9, 2008 at 12:38 pm
    Fatima says:
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    he complains but he has workers compensatoin to cover his medical bills. He is lucky to have a resource to pay his bills. Instead of suing he should be crying out thanks to Allah

  • April 9, 2008 at 12:56 pm
    lastbat says:
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    It’s just greed and a feeling of entitlement. He wants to be rich because he was injured. It’s very telling that while he’s suing everyone else involved he did not sue the sleeping driver who so obviously caused his injuries and who could be proven beyond all doubt to be negligent. He didn’t sue the driver because the driver had no resources.

    You are right. Instead of suing he should be giving thanks.

  • April 9, 2008 at 1:21 am
    claims says:
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    Although I agree… The idea is to bring whole- Yet Work Comp does not always do that. Med bills are paid but if you miss time at work your paid a PORTION of your salary not you total wages. Technically you are still out part of your income.

  • April 9, 2008 at 1:34 am
    Matt says:
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    Exclusive remedy certainly is a logical method of indemnification. But without knowing many facts of the case, the employer could have possibly been liable under the employers liability coverage.

    Sure, if you’re hurt at work, comp should kick in. But if you’re hurt at work because of your employer’s negligence, then employers liability could apply.

    And as to why he didn’t sue the driver?
    The driver that hit him didn’t have deep pockets…. the corporations do. He could sue the driver for a billion dollars, but if the driver doesn’t have any money why bother?

  • April 9, 2008 at 1:41 am
    Reagan says:
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    Fatima,

    Go cry to Jesus Christ instead of Allah

  • April 9, 2008 at 1:47 am
    Al says:
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    Thanks to Allah? Say, is it true that Mohammed married a six year old girl, and consummated that marriage when she was nine?

    Also, what do you make of these passages from the Koran?

    “Believers, do not make friends with any but your own people…They desire nothing but your ruin….You believe in the entire Book…When they meet you they say: ‘We, too, are believers.’ But when alone, they bite their finger-tips with rage.” (Surah 3:118, 119)

    “Slay them wherever you find them…Idolatry is worse than carnage…Fight against them until idolatry is no more and God’s religion reigns supreme.” (Surah 2:190-)

    “Fighting is obligatory for you, much as you dislike it.” (Surah 2:216)

    “Believers, do not make friends with any but your own people…They desire nothing but your ruin….You believe in the entire Book…When they meet you they say: ‘We, too, are believers.’ But when alone, they bite their finger-tips with rage.” (Surah 3:118, 119)

    “Believers, take neither Jews nor Christians for your friends.” (Surah 5:51)

    “…make war on the leaders of unbelief…Make war on them: God will chastise them at your hands and humble them. He will grant you victory over them…” (Surah 9:12-)

    Just wondering.

  • April 9, 2008 at 1:47 am
    Hera says:
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    Reagan,

    Go cry to Zeus instead of Jesus Christ.

  • April 9, 2008 at 2:24 am
    lastbat says:
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    Reagan, Al, back off. Fatima made a valid point that the driver should be thankful he has a remedy as opposed to being selfish and greedy and all you guys can do it proselytize.

    Al, you do this all the time, try to hide your hatred behind a “just wondering” bit. You’ve read at least parts of the Koran so do what everyone else does and iterpret it for yourself. Just like you do with the Torah and the New Testament.

    Not everyone must call whatever they believe their god to be by the same name you do.

    And it sickens me that I allowed myself to be drug into this. I just hate seeing Fatima get beat up by religious bigots.

  • April 9, 2008 at 2:29 am
    Al says:
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    Thanks for all the name calling, LB. Trenchant commentary, as always.

    So, the prophet of Allah is a pedophile by any standard, and I’m a bigot for pointing this out? Huh. And here I always thought that the truth was an absolute defense. And all I did was quote the Koran and ask for some help in interpreting it. That, too, makes me a bigot? Hmm.

    http://www.thereligionofpeace.com/

  • April 9, 2008 at 2:30 am
    lastbat says:
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    Workers’ comp time-loss pays at the same rate as a short-term disability policy. This is supposed to take into account that they don’t deduct taxes from the payment and you supposedly have fewer expenses since you don’t have to drive to work, wash your work clothes or pay for lunch anymore. I, as someone who manages workers’ comp claims for my company, prefer to have the time-loss payments low as an incentive to not milk the system.

    And the whole point of comp being exclusive remedy is to cover common negligence. Even the tightest exclusive remedy laws allow for going after the employer in cases of gross negligence.

  • April 9, 2008 at 2:35 am
    lastbat says:
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    Al, you are infamous for posting in this manner. You’ve obviously made up your mind and are just harrassing Fatima because she’s Muslim (a relgion that traces itself back to Abraham). What makes you a bigot is that you just won’t let this stuff be. Reply to her thoughts of the driver’s needing to be thankful; keep your hatred to yourself. If you want to hate on people who you think sin then go after Soloman. He was an adulterer by any definition. Stop picking on people for their religion. It’s bigots like you that make others think poorly of your religion.

  • April 9, 2008 at 2:40 am
    Al says:
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    I’m bigoted against pedophiles. Aren’t you? When one of them founds a religion (Mohammed, David Koresh, Joseph Smith) he usually catches the Dickens. Fatima brought up a god whose “prophet” was a pedophile, so I gave her the Dickens.

    Your heroic defense of the pedophile prophet’s devotee has been duly noted.

  • April 9, 2008 at 2:46 am
    Nobody Important says:
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    Al is the biggest bigot on this site, but there seem to be a few of his sort out there today. Just don’t even open his posts when they come up because there content doesn’t deal with the subject, just his prejudices. Let him slide back under his rock.

  • April 9, 2008 at 3:12 am
    Suspicious says:
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    Fatima,

    Are you Sunni, Wasabi or any other sect of Muslim? Just asking out of curiosity. As a Christian I do not “hate” on other religions but where we would probably disagree is the status Jesus Christ. Most Muslims AND Jews just see him as teacher or rabbi but as you know I believe him to be the Son of Man and the Son of God sent to take away the sins of the world. Since you post here quite often and make your fervent reference just as frequently to Allah maybe once and for all you would like to clear the air? Just a thought.

  • April 9, 2008 at 3:24 am
    Al says:
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    1.) She mentioned a god 2.) whose prophet was a pedophile 3.) as recorded in sacred Islamic sources.

    There are three facts in that sentence. Prove any one of them wrong.

  • April 9, 2008 at 3:38 am
    Dustin says:
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    Al,

    Your posts have nothing to do with the article, you give Christians a bad name, as recorded by your off topic rants on this thread.

    3 facts for you to consider. Thanks.

  • April 9, 2008 at 3:41 am
    Step back a bit says:
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    Lastbat, good job on returning to the article at hand & rising above it. Too bad it was only momentary. I ususally read your considered comments.

  • April 9, 2008 at 3:42 am
    Al says:
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    Actually, your third alleged fact is really a subordinate clause.

  • April 9, 2008 at 4:26 am
    lastbat says:
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    Sorry for the slip.

    My state just recently discontintued exclusive remedy and every time I get a difficult claim I wait for the employee to lawyer up and I start crunching settlement figures. I’ve only had to settle twice so far in this job, but that’s still two times more than I’d like.

    Almost every day I wish for a federalized workers’ compensation system with Washington’s online claims managemet system, Oregon’s return-to-work assistance, Idaho’s employer control of medical providers and workers’ compensation as exclusive remedy. It’ll never happen, but it’s a good dream.

  • April 9, 2008 at 5:16 am
    Hang on lastbat says:
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    Hang on to your dreams, Bud (good name for a song, huh?) Keeps us going. We are still exclusive remedy, but those delightful(?) attorneys still try an end run.

  • April 10, 2008 at 7:56 am
    Jack J Maniscalco says:
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    I do not understand…why every one of these message boards is turned into a “Hyde Park” type sopabox where every blithering idiot feels obligated to spout he or her political/racial/religious, etc beliefs…then hide behind a screen name!

    This patricular posting started as a discussion of WC and exclusive rememedy and degraded into childish whining.

    People, let’s keep to the point of the articile under discussion and leave the remaining points of view to other boards.

    We have a right to free speech, but also an obligation to use it responsibly.

    I have found others’ opinions and points of view of value when confined to the insurance matter at hand. When the discussion devolves into typical internet snide comments and “gotchas”, the value of the exchange is diminished.

    I apologize for mouting my “soapbox”, but at some point one of us has to ask for a return to the purpose of this particular messgae board.

  • April 10, 2008 at 8:36 am
    spiritsoul777 says:
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    Jack,
    You sound like you know nothing about civil rights and lawsuits. The man has a right to file a negligence lawsuit simply because the employer is responsible for providing the employee with things for prevention and for safety precaustions because of the type of job he has and could be put at jeopardy. The employee said he kept going to his employer for that very reason. Depending on how he files his lawsuit, is dependent upon how the judge rules.

    You sound like an egotistical person. People have the right to use a name other than their real name. It is people like you that prevent the truth from being talked about.

    If there wasn’t so much corruption going on in every area of business, we as consumers wouldn’t be so skeptical of business practices going on, as well as corruption in the judiciary.

    The United States and the system of justice, values, and ethics has broken down, as you see every day what is being exposed in every part of government, businesses, etc.

  • April 10, 2008 at 8:46 am
    Jack J Maniscalco says:
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    spiritsoul777,

    Evidently, you misunderstand the point I was trying to make. I would like this board to stick to the point of insurance and its attendant topics. That does include civil actions, torts, etc.

    Denigrating one’s religious beliefs has nothing to do with our business. Those types of postings are better served on other discussion boards.

    If I did not make myself clear, I apologize for the misunderstanding.

    If, on the other hand, you prefer to use this as your platform for righting the wrongs of the world, please continue to use the same screen name. It will aid me in my “egotiscal” editing of my reading materials.

  • April 10, 2008 at 12:36 pm
    INSURANCE IDIOT says:
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    But keep it to insurance.

  • April 10, 2008 at 4:42 am
    Anne says:
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    Al is a plain old bigot not just a religious one. He obviously has a mental illness and his type is what is bringing this country down.

  • April 10, 2008 at 4:54 am
    charlie says:
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    Why would monopolistic states like the ones you mentioned be better than states without the monopoly but still have the exclusive remedy doctrine? What state are you in? W/C is a weak area for me hence the question. Oh and thanks for the advice on dealing with Al (and spiritsoul777 for that matter) as I will just ignore their postings and not open or read them and I suggest to others to do the same. Great posts NI and Jack.

  • April 10, 2008 at 5:03 am
    lastbat says:
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    Actually the only monopolistic state on the list was Washington; Oregon and Idaho are free-market states for W/C.

    The problem for those of us on the consumer end of workers’ compensation is the disparate laws in the various states. Most states have the same basics, such as: 3 days before time-loss; you have a year to file; 5 years for aggravation; and so forth. Where we run into problems is in how states deal with moving a claim forward. A federal system would alleviate that. I use western states because my company currently doesn’t operate east of the Rockies.

    Washington L&I has a kick-*ss online claims-management system in ORCA. I can see everything I need to in almost real-time. The only other system that even approaches it is SAIF’s (Oregon’s state-owned workers’ comp provider) and even they don’t give me everything I want. Oregon has the Employer-At-Injury Program, funded by workers’ comp premiums (but doesn’t drive the premiums up). EAIP pays for wage reimbursement, tools, jobsite modifications and other items to assist in bringing workers back on modified duty. This is coupled with the Preferred Worker Program, that goes beyond the basic premium exemption and claim-forgiveness of most states and includes thousands of dollars in wage reimbursement and jobsite modifications. Idaho allows me to tell my employees where to go if they are injured on the job so I can guarantee a good relationship with the provider and don’t have to worry about my employee going to a doctor that doesn’t understand workers’ comp and hates employers.

    Just my thoughts.

  • May 20, 2008 at 7:27 am
    jffmaryann says:
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    It seems to me that when an individual is dispatched to do a job whether it is fixing an appliance or making a provision delivery he should be protected by the laws of our country. In no way should his family shoulder the expense and agony that was caused by faulty training on the part of his employer. All safety equipment should have been on the vehicle and if it was it should have been in operating condition. The record of the employee should be taken into consideration when placing the responsibility of the accident. In closing the state of New Jersey should have stood behind an injured worker and not vie for the big business giving the survivor and his family relief

  • May 20, 2008 at 7:36 am
    Denise says:
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    Eloquently said and I agree with you!

    Apparently, there are egomaniacs on this site who think their way of thinking is the onlyn way. That’s why our country is in the shape it’s in.



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