Situations Where a Work Comp Claim Will Often Be Denied
In New Jersey, as in other states, when you have been hurt in the workplace, you have the right to seek benefits through a workers’ compensation claim. There’s no need to show negligence—work comp is generally a no-fault system. To be eligible for benefits, you need only show that you were injured and that the injury occurred in the course of your employment. That means that you can usually recover benefits for injuries:
- Sustained on a regularly scheduled break
- Suffered in any company-sponsored event, such as a golf outing
- Incurred while working from home
- Sustained while traveling on company business
What Types of Injuries Are Generally Excluded from Eligibility for Workers’ Compensation?
Injuries that were sustained while engaging in any non-work-related activity generally do not qualify for work comp benefits. That includes:
- Injuries suffered while engaged in a wholly personal endeavor, even while on the clock. For example, if you stop in a store while on your lunch break to purchase a personal item, you will not be able to recover workers’ compensation benefits if you slip and fall in the store.
- Injuries suffered on your commute to or from work, unless you have an agreement that your drive to or from work is part of your job
- Injuries resulting from intoxication or use of controlled substances, unless your employer provided the alcohol or drugs
- Injuries sustained in any horseplay, pranks or similar conduct which does not further or promote the business of your employer, unless you were an innocent bystander of such horseplay
- Any injury that you intentionally inflicted
- Any injury sustained while engaged in an illegal act, or an act that violations known company policies or procedures
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultationto discuss your options after a motor vehicle accident injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claimson a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.