Is Your Injury Work-Related? – Part One
Under New Jersey law, there are only two requirements to qualify for workers’ compensation benefits: you must have been injured, and the injury must have been suffered while you were performing the normal functions, duties and responsibilities of your job. If you have an accident while running a machine, loading a truck or in some other task clearly within your job description, there’s usually little question whether you meet the tests above. But there are situations where, even though you’re on the clock, questions may arise as to whether you were actually working at the time.
When You Are Hurt on a Break
Under state and/or federal labor laws, most workers are entitled to regular breaks, including a lunch break. Will you still qualify for workers’ compensation benefits if you slip and fall in the company cafeteria while at lunch? Does it make a difference if you leave company premises to get something to eat?
As a general rule, if you are still on company property and taking an authorized break, injuries that you suffer will typically qualify for workers’ compensation benefits, unless they are intentionally self-inflicted or unless you were engaged in horseplay or unauthorized conduct at the time. If you choose to go out to a restaurant for a meal, any injuries sustained to, from or while at the restaurant are generally not covered by workers’ compensation, unless you went to the restaurant on behalf of a supervisor or the company, picking up food for others, for instance.
When You Are Traveling for Your Employer
Injuries suffered on your commute to or from work are not considered work-related injuries, unless you deviated from your normal route to do some work-related task. If your job requires that you travel, or if you attend a conference, convention or seminar that is work-related, you may be able to recover workers’ compensation benefits for any injuries suffered getting to or from the event, or while at the event, provided the activity you were engaged in was not essentially or primarily personal. For example, if you slip and fall at the hotel while traveling for work, you will likely be covered, unless you were headed out to a nightclub or other personal trip on your down time. If, instead, you were headed to or from a session or other work-related event, you’ll likely be covered.
Contact Our Office
To arrange a private meeting, contact us by e-mail or call our office at 908-200-2297. Evening and weekend meetings are available upon request. We take all major credit cards.
We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.