Determining if Your Injury Is Work Related – Part Two

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.