Running a personal errand during work is that considered the employer’s responsiblity

• Dan T. Matrafajlo
• Mon Nov 2011
• Latest Injury News,
• 0

A client involved in a Union County Workers’ Compensation case asked the following question: can a person claim workers’ compensation benefits if he/she gets injured while at work doing his job but taking a brief hiatus to run a personal errand? The simple answer to that question may be no but I would need additional information. For instance,

According to Jumpp v. City of Ventnor, 177 N.J. 470, 828 A.2d 905 (2002) the New Jersey Supreme Court upheld the workers’ compensation judge’s ruling that such an employee is NOT entitled to workers’ compensation benefits.

In Jumpp the New Jersey Supreme Court addressed the limited issue, “whether a city worker, whose daily duties required him to visit various sites within the city’s boundaries, is eligible for workers’ compensation benefits when he was accidentally injured during the workday but while on a personal errand. We hold that generally there must be a finding that the off-premises employee is performing his or her work responsibilities at the time of the injury in order for the injury to be compensable. We also hold that minor deviations from the employee’s prescribed responsibilities survive the 1979 amendments to the workers’ compensation statute.”

The New Jersey Supreme Court concentrated on the fact that the city worker ran a personal errand (although authorized by employer) thus, he was not entitled to workers’ compensation benefits.

If you have a similar situation that resulted in a work place injury, call Dan T. Matrafajlo for a free office or telephone consultation.