Archives for December 2017
Was Your Injury Work-Related—Part Two
In our last blog, we explained the basic requirements to qualify for workers’ compensation benefits in New Jersey—you must have suffered an injury and it must have been work-related. We also looked a couple of situations where there might be uncertainty about whether you are eligible for benefits—when you are on a break and when you are traveling. In this blog, we look at the other common instances where there may be questions about qualifying for workers’ compensation: injuries that occur at a company outing, and injuries that result from your own wrongful acts.
Injuries Suffered at a Company Function
It’s pretty common for companies to have team-building or employee appreciation events, such as golf outings, dinners and even more demanding physical activities, such as ziplining or ropes courses. What happens if you suffer a personal injury at one of these outings? In most instances, you’ll be able to file a workers’ compensation claim for your injuries, whether attendance was mandatory or not. The exception—when your actions are deemed to be unreasonable. For example, if you attend a dinner and get inebriated, you may not be able to file a work comp claim if you fall down a set of stairs. If, however, the company provided the alcohol, you may still have a claim.
Injuries that You Caused
Because workers’ compensation claims are considered to be “no-fault” claims—the law doesn’t care who is at fault—there can be instances where your own negligence caused your injury and you can still recover benefits. However, where you intentionally self-inflict injuries or where you willfully engage in horseplay or conduct in violation of known company policy, you will likely be prohibited from collecting workers’ compensation.
Contact Attorney Howard D. Popper
To learn your options when you have lost a loved one in an accident, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.
Was Your Injury Work-Related—Part One
In New Jersey, to qualify for workers’ compensation benefits, you must show two things: that you suffered an injury that keeps you from working or limits your ability to do your job; and that the injury was work-related, or sustained during the course of your employment. In most instances, when the injury happens during work hours or on company property, the issue is clear cut. But there are some situations where you may be uncertain whether your injury qualifies as work-related. In this blog, we’ll look at a couple such scenarios.
Injuries That Occur during a Scheduled Break
Under labor laws, employees are entitled to periodic breaks, including a meal break. What happens if you slip and fall on your way to the coffee machine or otherwise injure yourself in the company break room? What if you trip over something in the cafeteria or while out to lunch? You’re not actually doing your job, are you?
As a general rule, if you are injured on company property, you can file a workers’ compensation claim for injuries suffered, unless you are engaged in unauthorized horseplay or clearly in violation of company rules. That covers injuries sustained in the company break room and the company dining facility. However, the rule is different if you leave company premises for a meal. In that case, you’re generally not covered once you leave your place of employment, unless you have been sent by a supervisor or other authorized person on an errand or to bring back food for others.
Injuries While Traveling for Work
First of all, there’s no coverage for injuries suffered on your way to or from work, unless you took a detour to handle some business for the company—to stop by the post office or pick up bagels for the staff. Any injury suffered on the detour would then be covered.
If your job requires that you travel—on a daily basis, on regular business trips or for an occasional meeting or conference—some injuries will be covered and some won’t. If you were engaged in an activity that was entirely personal—out at a fitness club or out to dinner—your injury won’t be covered. But if you took a client to the fitness club or dinner, it would probably be covered. In addition, any injuries suffered during your travel would likely be covered.
Contact Attorney Howard D. Popper
To learn your options when you have been injured because of the negligence or carelessness of another person, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.
