Workers’ Comp And Travel Injuries

Workers Comp Attorney Northern New Jersey
Rispoli & Borneo P.C.

A recent article discusses how the New Jersey Supreme Court heard oral arguments regarding an appeal concerning a workers’ compensation claim for an employee injured while driving to work. Henry Keim, an employee of Above All Termite & Pest Control, was seriously injured in a motor vehicle accident while on his way to the company’s shop to get supplies. Keim filed a workers’ compensation claim petition, but his employer contested it, arguing that his injuries did not occur within the course and scope of employment.

The key issue revolves around whether Keim’s injuries should be compensable under the Workers’ Compensation Act, given that he was commuting to his place of employment when the accident occurred. Chief Justice Stuart Rabner cited relevant sections of the act to explore exceptions and questioned the interpretation of the statute.

Keim’s attorney argued that he was an off-premises employee, operating a company vehicle on business authorized and directed by his employer, making him eligible for workers’ compensation benefits. However, the employer’s attorney contended that the routine travel of an employee going to their place of employment should not qualify as an exception contemplated by the statute.

The case has broader implications for the interpretation of the Workers’ Compensation Act and the definition of a place of employment. The court’s decision could impact future workers’ compensation claims involving employees injured during their commute to work.

Compensation While Traveling For Work

We recognize that work-related injuries can happen in various circumstances, including while traveling for work. If you’ve been injured while on a business trip or commuting to your place of employment in New Jersey, you may wonder whether you qualify for workers’ compensation benefits. 

Defining Workers’ Compensation Eligibility

Workers’ compensation benefits are designed to provide financial support to employees who suffer injuries or illnesses arising out of and in the course of their employment. In New Jersey, as in many states, the key factors considered include:

  1. Course and Scope of Employment: To be eligible for workers’ compensation, your injury must occur while you are engaged in activities related to your job. 
  2. Authorized and Directed Business Travel: If your employer authorizes and directs you to travel for work, any injuries sustained during that travel are generally considered within the course and scope of employment. 

Key Considerations For Workers Injured While Traveling For Work

Our Northern New Jersey workers comp attorney knows that when it comes to injuries sustained during work-related travel, several factors can influence your eligibility for workers’ compensation benefits. This includes if you were explicitly authorized to travel for work, whether you had to deviate from your travel route, and whether the activities you were engaging in at the time of travel were reasonable in the context of your job.

Consulting With An Attorney

If you’ve been injured while traveling for work in New Jersey, you may be eligible for workers’ compensation benefits, provided your travel was authorized and reasonably related to your job. Each case is unique, so it’s essential to consult with the team at Rispoli & Borneo P.C. to navigate the complexities of workers’ compensation eligibility and ensure your rights are protected. Schedule an appointment to get started on your claim now.