An employee is not barred from pursuing a third party action in negligence against a general partnership after receiving workers' compensation benefits from her employer.

The plaintiff received workers' compensation benefits for a slip and fall that occurred in her employer's parking lot. Thereafter, the plaintiff filed a negligence suit against numerous defendants, including one of the employer's partners. The trial court denied the defendant's request for summary judgment because it ruled that the employer and the defendant were separate and distinct entities and not immune under N.J.S.A. 34:15-8. In affirming the dismissal, the Appellate Division concluded that no precedent supports the proposition that a statutory immunity granted to one partner immunizes the general partnership from common law negligence claims.

Case Law Alert - 3rd Qtr 2011