workplace accident

Was Your Injury Work-Related?

January 9, 2020 by Greg Sutphin Leave a Comment

Part One—Injuries on Breaks

In New Jersey, as in all states, when you have suffered an injury on the job, you have a right to seek benefits through the state’s workers’ compensation system. To collect workers’ compensation in New Jersey, you don’t need to demonstrate that your employer or a co-worker was careless or negligent. There are only two requirements for eligibility for work comp payments in New Jersey—you must have been injured and the injury must have occurred during the course of your employment.

Injuries Sustained While on a Break

Under state and federal labor laws, you are entitled to meal breaks and to take periodic breaks based on the length of your shift. In most instances, you won’t be performing any job-related tasks while on a break. That begs the question—can you recover workers’ compensation benefits for injuries suffered while on break? What if you slip and fall in the break room or get cut on broken glass in the company cafeteria?

As a general rule, all injuries suffered while on a legitimate work break are covered, provided you take the break on company property. Accordingly, if you leave the premises to have lunch, you won’t be able to recover workers’ compensation benefits for injuries suffered in a motor vehicle accident, unless you can show that you were conducting some work-related task while off premises. For example, if your boss asks you to stop by the post office or pick up lunch for others, you will probably be able to get workers’ compensation for injuries suffered while away from company property.

There are some other exceptions—you generally can’t recover workers’ compensation for injuries that are intentionally self-inflicted, and you may have a claim denied if you were engaging in behavior or activity that was clearly contrary to company rules or policies.

Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Common Cause of Construction-Related Injuries

February 13, 2018 by Greg Sutphin Leave a Comment

Construction Site Injuries

It’s common knowledge that working in residential or commercial construction is one of the most dangerous occupations in the country. Here are some of the most common causes of constructionsite injuries:

Falling objects — Whether it’s a high rise or a single-family home, there’s always a risk of injury from falling tools, equipment, building materials or refuse.
Falls from heights — These types of injuries can happen in a variety of ways. A contractor or subcontractor may fail to put proper guardrails on upper levels or may leave sections uncovered without protective barriers. Ladders or scaffolding may be incorrectly assembled or may be defective. Construction elevators or lifts may not have appropriate safety mechanisms. Workers may be pushed to perform dangerous jobs without harnesses or other requisite safety devices.
Dangerous or defective products — Construction projects involve the use of power tools, heavy equipment and other types of machinery. If these items are not properly designed, are used in ways not intended by the manufacturer or are poorly made, construction workers can be at risk of serious injury.
Negligent hiring, training or supervision of employees — Often, in the rush to complete projects, contractors hire workers without fully investigating or confirming their qualifications. As a result, they can hire people without the necessary skills to operate dangerous construction equipment. It’s not unusual, either, for a contractor to allow workers to perform their job without direct supervision and without any concern for safety measures.
Construction-site motor vehicle accidents — Construction sites are often a beehive of activity, with trucks and other vehicles moving in and out. Because there are seldom any designated roads, let alone traffic signs or signals, it’s not unusual for collisions to occur.

Contact Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Determining if Your Injury Is Work Related – Part Two

August 1, 2017 by Greg Sutphin Leave a Comment

To qualify for workers’ compensation benefits in New Jersey, you must meet two requirements: you must prove that you suffered an injury and that the injury happened during the normal course of your employment. In an earlier blog, we addressed whether you can seek workers’ compensation benefits for injuries suffered on a break or while traveling. What your rights when you are injured at company event, or as a consequence of misconduct?

Injuries Incurred at a Company Event

If your employer sponsors an event — a ropes course, indoor mountain climbing, tennis or golf, for example — and you suffer an injury at the outing, can you file a Workers’ Compensation claim? In most instances, you’ll meet the test to recover benefits through a Workers’ Compensation claim. There are exceptions, however. For example, if you were engaging in some activity that was inherently dangerous and not endorsed or supported by the company — suppose you were staging golf cart races and your cart turned over — your employer probably wouldn’t be responsible, unless the company provided alcohol and you were inebriated at the time.

Injuries Caused by Your Negligence or Carelessness

What if you were hurt while engaging in some type of activity or conduct that is clearly in violation of workplace safety rules? In most instances, you would still have a right to pursue Workers’ Compensation claims, because Workers’ Compensation laws are customarily no-fault laws — your right to benefits isn’t based on who is at fault, only on whether you were injured, and it was in the course of your employment. There are some exceptions to this rule — you can’t recover for selfinflicted injuries, but you can often recover if your job aggravates a preexisting condition.

Contact Us

at the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Determining if Your Injury Is Work Related – Part One

July 2, 2017 by Greg Sutphin Leave a Comment

Under New Jersey law, you must meet two requirements to successfully recover workers’ compensation benefits in New Jersey: you must demonstrate that you were injured and that the injury occurred during the performance of normal duties of the job. Often, it’s not an issue. For example, if you are hurt when a machine malfunctioned at work or you slipped and fell while doing your job, if you can show injury resulting from repetitive stress or motion at work, or an illness caused by exposure to a toxic substance that led to an illness, you should qualify for benefits. But there are times when you’re hurt at a work-related function or while on the premises of your employer where the answer may not be so clear

Injuries Suffered While on a Break

There are laws that require your employer to allow you to take periodic breaks, including meal breaks. What happens if you slip on the floor at the company cafeteria? Is it any different if you fall and hurt yourself at while at an offsite restaurant? Not surprisingly, “it depends.”

If you choose to leave your place of employment to get something to eat, any injuries you suffer on the way to, from or at the restaurant will generally not be covered under a Workers’ Compensation claim. However, if you were getting food for a company luncheon or your boss asked you to pick him up some lunch, you may successfully argue that you were on a work-related task when you were hurt.

If, on the other hand, the injury occurs at a dining facility on company property, you will probably have a valid Workers’ Compensation claim.

Injuries Suffered During Company-Related Travel

Injuries suffered on your drive to or from work are generally not covered, unless you deviated from your normal route to perform some work-related task. For example, if your supervisor asks you to pick up donuts for the office and you are hurt in a motor vehicle accident while on your way to or from the donut shop, you may have a claim.

If you are on a business trip and suffer an injury, you will probably be able to recover Workers’
Compensation, unless your employer can show that the activity you were engaged in had nothing to do with work or the trip. For example, if you are injured in a brawl at a nightclub while on a business trip, your employer will probably be able to successfully argue that you were involved in a personal activity (unless you were entertaining clients at the time).

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