If you are hurt while performing a task for your New Jersey employer, there is a good chance that you’ll be entitled to workers’ compensation benefits. This may be the case even if you were responsible for causing the accident that led to a broken bone, concussion or other types of injury.
Was the task within your scope of employment?
Let’s say that you were hurt while delivering a pizza to a customer. In such a scenario, your workers’ compensation claim would likely be approved because delivering goods to consumers generally benefits your employer. You might also be entitled to benefits if you were hurt while working from home.
Were you impaired when the accident happened?
In most cases, you won’t be eligible for benefits if you were impaired by drugs or alcohol when an accident occurred. This is because working while under the influence of a controlled substance is typically a violation of existing workplace policies. Furthermore, the use of controlled substances may be a violation of local, state and federal law.
Were you engaged in horseplay when the accident took place?
As long as you weren’t engaged in any reckless activity prior to getting hurt, you are probably entitled to compensation for your injuries. Horseplay is generally defined as actions that are unrelated to your job and that could increase your risk of getting hurt. For instance, if you were hurt while wrestling a coworker on a warehouse floor, your company would have a strong case to deny your claim. An attorney who is familiar with workers’ compensation laws may be able to help you determine if the facts in your case support your assertion regarding a workplace injury.
If you are hurt while at work, your employer may be liable for paying any medical bills related to that injury. Furthermore, you may be eligible to receive a portion of any wages lost while you’re recovering. An attorney may be able to assist you in the process of obtaining compensation.