The Injuries that Are and Are Not Typically Covered by Work Comp
In New Jersey, to be eligible for workers’ compensation benefits, you need only show two things: that you were hurt and that the injury was sustained in the course of your employment. On its face, that may seem like a simple determination, but it can get complicated in a hurry. Let’s look at the situations where injured workers typically are, or are not, able to recovery benefits after an injury.
The Types of Accidents Commonly Covered
Generally speaking, workers are covered when their injuries occur:
- While they are engaged in the specific tasks or duties of their job
- When they are on an approved break from work, though they must typically remain on the premises of the employer to qualify
- At a company-sponsored event, such as a golf outing or incentive trip
- While they are on the road for company business
- While working from home
- On their commute to or from work, but only if they have an express or implied agreement that the commute is part of their work
The Situations Where Work Comp Will Typically Not Be Available
Conversely, a worker will generally not be allowed to recover benefits for injuries that are:
- Suffered as a result of horseplay, pranks or other similar conduct, unless the employee is injured as an innocent bystander
- Suffered on the drive to or from work
- Intentionally self-inflicted
- The result of intoxication or the influence of controlled substances, including drugs
- Sustained while engaged in illegal activities, or conduct that violates known company policies or procedures
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
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