Northern New Jersey Work Accident Lawyer Discusses Claims
There are many factors that come into play when filing for workers compensation. One major requirement of being eligible for workers’ compensation is that you will have to prove that your injury is work-related. Typically, if you were engaging in an activity that benefits your employer and you were injured while doing so, then it would be considered work-related.
While it seems like it could be a cut and dry issue, the AOE/COE (arising out of employment and occurring during the course of employment) requirement can be tricky. If you were injured during a work-related event, you may want to contact a Northern New Jersey work accident lawyer from Richard J. Banta, P.C. Our team of professionals have years of experience in workers’ compensation cases and will help walk you through the intricacies of the varying aspects of your case.
In most situations, if an injury occurs during an employee’s lunch break, it isn’t seen as work-related. As an example, you most likely would not be able to claim workers’ compensation if you broke your foot while walking to a restaurant to grab lunch. However, if you were getting lunch for your employer during this incident, it may be covered.
An injury would usually be viewed as work-related if you were on the company’s premises, for instance, an employee lunchroom or cafeteria, and became injured. If, however, the injury was sustained by doing something during your lunch break that wasn’t allowed or if it was considered an exception to workers’ compensation coverage, it probably would not be covered.
A lot of companies host special events like picnics, baseball games, or parties. If you are injured at a company event, these injuries are usually seen as work-related. However, some states do not consider this to be work-related if the employee is not expected to participate in any of the events.
The “going and coming rule” states that workers’ compensation usually does not cover any injuries suffered during a commute going to or coming from work. There are some exceptions to this rule that would include when you are:
- Needing to bring your personal car for work-use throughout the day
- Traveling for a business trip
- Driving a company vehicle
- Doing any required errands for your employer
- An employee that does not have a fixed work site and regularly travels for work
If you sustained an injury at work while breaking a safety rule or doing something that is prohibited by your employer, you may still be covered by workers’ compensation. It does depend on where you live and the level of misconduct. An injury would not be covered by workers’ compensation if the employee was using illegal drugs or was drunk. Workers’ compensation would also not cover injuries if the employees were:
- Committing a crime
- Intentionally breaking a set rule of the workplace
- Fooling around
- Trying to hurt someone else or themselves
Speak with a Northern New Jersey Work Accident Lawyer
If your workplace injury seems to be in a grey area of if it would be covered by workers’ compensation, you may want to speak with a work accident lawyer from Richard J. Banta, P.C. to determine if you could be eligible for benefits. Our experienced team of Northern New Jersey workers’ compensation lawyers will help work with you to explain how your state’s laws relate to your individual situation. Richard J. Banta, P.C. will work to ensure your rights are being accounted for. Contact us today for a free initial consultation.