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Off-duty attack of NYC transit worker not compensable: Court

Off-duty attack of NYC transit worker not compensable: Court

Injuries suffered by a New York City train conductor attacked in a city station on her way to work are not compensable because she was not on duty at the time, the Appellate Division of the Supreme Court of New York ruled Thursday.

The ruling affirms the decision by the state’s Workers’ Compensation Board, which found the injury fell within the state’s “coming and going rule,” according to documents in Rosemary Rodriquez v. New York City Transit Authority, Workers’ Compensation Board.  

On Jan. 30, 2016, about an hour before her shift, the conductor was waiting for a train at a station “through which she was passing en route to her assigned workplace, when another passenger asked to be admitted into the station without paying. After she told him that she could not open the gate to let him in, he jumped the turnstile and assaulted her, causing multiple injuries including to her face, head, neck and back,” according to court records.

Per New York law, "an injury is only compensable under the Workers' Compensation Law if it arose out of and in the course of a worker's employment, and, in general, injuries sustained in the course of travel to and from the place of employment do not come within the statute,” the ruling states.








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