What Does It Mean to Be Injured on the Job in Newton?
Proving difficult cases for mobile employees
For those who work at the same office, plant or other facility every day, determining whether your injury occurred “on the job” is usually fairly straightforward. However, for those who do not have a set worksite, this workers’ compensation requirement can create some complexity. You may be surprised to learn that, under some circumstances, you can qualify for workers’ compensation for injuries sustained away from the worksite. But these are complex cases that workers’ comp insurers often contest vigorously. At Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C., we understand this niche area of law, because our attorneys have handled these types of cases in the past. That is why workers throughout Morris, Passaic, Warren and Sussex Counties rely on our lawyers when they know they need to fight for workers’ compensation benefits.
Why it matters
One of the requirements for an injury to be compensable under New Jersey workers’ compensation law is that it must arise from and be sustained during the course of your employment. This means that if you are injured while driving to or from work or while on a personal errand during a break or lunch hour, you typically cannot get workers’ compensation because your injury was not incident to your employment. This is called the “going and coming” rule. This issue can become more complex for workers who do not have a fixed place of employment or who frequently travel as part of their job:
- Vehicle drivers
- Construction workers
- Area supervisors
This can also be an issue for employees who normally work at a particular site, but are injured while on an employment-related errand. These types of injuries may be compensable even if they do not occur on employer property. Because of the complexity of these cases, workers’ comp insurers routinely deny them at first. However, even if you received a denial, an experienced Sussex County workers’ comp attorney may be able to help.
Exceptions to the “going and coming” rule
There are several instances where an employee injured while going to or coming from work can still receive workers’ compensation. One is when an employee is actually compensated for travel time, which is often the case with traveling salespeople or others who frequently travel as part of their employment.
Another exception is when an employee is sent on a special mission by the employer and an injury occurs. An employee who is traveling on business for the employer, but who makes a minor deviation for personal reasons, such as to run a minor errand, get coffee or eat a meal, may still qualify for workers’ compensation, even if the injury occurs during the personal errand.
We at Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. have a record of success for all types of workers’ compensation cases. We are especially effective with these challenging situations and are eager to assist working people in Sussex and Warren Counties who have had their compensation claims denied.
Contact Newton lawyers who take on challenging workers’ comp cases
Just because your employer denied your workers’ compensation claim does not mean that you are out of options. Our team at Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. has fought for nearly 50 years to get New Jersey workers like you the compensation they deserve. Call our Newton office today at 862-273-3465 or contact us online to schedule a no-cost initial consultation to learn how our attorneys may be able to help.