What Injuries Are Covered Under New Jersey Workers’ Compensation Law
In order to determine what injuries are covered under workers’ compensation, your New Jersey workers’ comp attorney will first look to see if your injury occurred during the course of employment.
For many employees, the lines are blurred as to when they really started or stopped working. This is important to figure out because injuries that result from an accident are deemed work related only if they arise out of and in the course of employment. Exactly when an employee is “in the course of employment” has been interpreted by the courts in New Jersey and further reiterated in the Workers’ Compensation Reform Act.
Going and Coming Rule
Accidents which occur on the way to or from work are covered under what is commonly referred to as the “going and coming” rule or the “premise rule.” The main issue for this rule is control. As long as your New Jersey workers’ comp attorney can prove that you were in your employer’s control when the accident occurred, 100% of your authorized medical treatment will be covered. In other words, your attorney will need to show that your injury occurred between the time that you arrived at work and before the time that you left.
Exceptions to the Rule
There are exceptions to the “going and coming rule.” One major exception is travel. If your job requires you to be away from your primary workplace or if you are actually engaged in the direct performance of employment duties, this is considered a “special mission.” Additionally, paid travel time and uses of a company car is also considered work related. Moreover, if you are traveling to meet with clients you are also considered to be on company time.
Technology has also added a new dimension to the rule. If you are on the phone with a client during your “off” time and you get into an accident, your injuries are considered workplace injuries because they occurred during the course of employment. As long as your New Jersey workers’ comp attorney can prove that you were injured while directly performing your job, you will be entitled to workers’ compensation benefits.
If you have been injured while on the job or outside your workplace but still connected to your job, you may be entitled to workers’ compensation. For more information or to schedule a complimentary consultation, call New Jersey workers’ comp attorney Dan Matrafajlo at (908) 248-4404.