Situations Where You May or May Not Be Eligible for Workers’ Comp Benefits
New Jersey workers’ compensation law has made it simpler for injured workers to recover benefits in a timely manner. Unlike most other personal injury claims, workers’ compensation benefits do not require that you prove negligence. Instead, to qualify for payments, you need only show that you suffered an injury and that your injury was work-related. There are, however, circumstances where you may be uncertain whether your injuries qualify.
Injuries Sustained While on a Permitted Work Break
Most employers allow employees to take up to 15 minutes for every four hours worked, and many allow a paid lunch break. When you’re on break, you’re clearly not engaged in activities that benefit your employer. What if you slip and fall in the break room? Are you covered?
As a general rule, injuries suffered while on a sanctioned work break are covered by workers’ comp, provided they occur onsite at your place of employment. If, however, you leave the premises, either for lunch or some other personal reason, you typically won’t qualify, unless you can show that you were engaged in tasks requested by your employer or a supervisor. For example, if you leave work to get a bite to eat and are in a car accident, you probably won’t be
covered. However, if your boss asked you to pick up lunch or stop by the post office, you may still be eligible, based on the circumstances.
Injuries Suffered at a Company Social Function or Incentive Event
Company outings have become commonplace, either to build camaraderie or reward employees for productivity. As a general rule, even if attendance is voluntary, you can still qualify for workers’ comp benefits if you are injured at such an event. If, however, your injuries are caused by reckless or unreasonable actions—e.g., you drank too much alcohol and fell down—you may be disqualified. On the other hand, if the company provided the alcohol, you may still be eligible for benefits.
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 917-494-5695 to set up an appointment.
