I live in Philadelphia but I was hurt in Camden working for a North Jersey construction company. I received all my treatment in the Philadelphia/Camden area. When my attorney filed my claim petition the Court listed my case for hearings in Newark. Do I have to go all the way to Newark for my case?
This is a question we often receive. The answer is no, you do not have to go to Newark. What happens in situations such as this is when a Claim Petition is filed the State computer automatically reviews it for the addresses of the petitioner and the employer. In this case the computer saw that the petitioner (the injured worker) lives out of state and the employer’s address is in Newark. It automatically listed the case for a hearing in Newark. Under our Worker’s compensation law cases are assigned to hearing offices around the state based on the county in which the worker lives. However, if he or she lives out of state and the employer is a New Jersey company the case will be assigned to the county where the employer is located. In this situation a Motion to Change Venue can be filed. This means the attorney will ask a Judge to move the case to a county in New Jersey close to where the worker lives. Such motions are almost always granted for the convenience of the injured worker.
Alfred Vitarelli is a Shareholder and in the firm’s Marlton, New Jersey office, specializing in Workers’ Compensation. For more information, please contact Mr. Vitarelli.