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Qualifying for Workers’ Compensation Benefits

Was Your Injury Work-Related?

Qualifying for Workers’ Compensation Benefits In New Jersey, when you suffer an injury or contract an illness at work, you have a right to workers’ compensation benefits, provided you can prove that the injury or illness happened during the normal course of your duties. In some situations, it may be unclear as to whether you actually were on the job.

Injuries Suffered While on a Break

State and federal labor laws require breaks when employees work a certain number of hours. As a general rule, if you’re taking a break on your employer’s premises at the time you’re injured, you’re entitled to worker’s comp. For example, if you slip on a wet floor in the break room, you’re entitled to workers’ compensation.

There are exceptions, though. If you suffer injury on break while engaging in horseplay, or otherwise violating company rules, you will likely be denied benefits.

Injuries Suffered While at Lunch

If you eat your lunch onsite, whether you bring your own or eat in a company lunch room or cafeteria, you’re eligible for workers’ compensation benefits for any injuries that occur during your lunch break. However, if you leave the premises for a meal, any injuries suffered while you are off the grounds are not covered, unless you also are performing errands at the request of a supervisor. If your boss asks you to get lunch for others or go to the post office, for example, your trip is considered work-related, and you’re be entitled to seek workers’ compensation benefits for any injuries you suffer.

Injuries Suffered During Your Commute

You cannot recover for injuries suffered on your drive to or from work unless you divert from your normal route to take care of business for your employer.

Contact the Law Offices of David J. Karbasian, PC

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