Articles Posted in Work Injuries

In New Jersey, a person who suffers injuries while working may be eligible to recover workers’ compensation benefits but only if he or she meets the requirements set forth under New Jersey’s Workers’ Compensation Law (the Law). Specifically, in order to recover benefits a person must demonstrate not only that he or she suffered an injury during the course and scope of work, but also that he or she had an employee-employer relationship with the entity for whom he or she was working at the time of the injury. Thus, if a person cannot prove that he or she was an employee at the time the harm occurred, his or her claim for benefits will be denied, as shown in a recent New Jersey workers’ compensation case. If you were injured while working, it is wise to speak to a seasoned New Jersey workers’ compensation attorney to examine whether you may be eligible to recover benefits.

Facts Regarding the Plaintiff’s Work

It is reported that the plaintiff filed a workers’ compensation petition, seeking benefits for an injury to his right hand that he allegedly sustained while he was working for the defendant. The defendant contested the plaintiff’s petition, arguing that the plaintiff was not his employee when the injury occurred. During a hearing, the parties presented conflicting testimony regarding when the plaintiff was hired and the extent of his job duties.

Allegedly, following the hearing, the judge found in favor of the plaintiff and awarded the plaintiff workers’ compensation benefits. The defendant filed a motion for reconsideration, arguing that the workers’ compensation judge failed to articulate any basis for finding the plaintiff was an employee. The appellate court agreed with the defendant’s reasoning and reversed the judge’s order and remanded the case for further proceedings. Continue Reading ›

It is not uncommon for companies to host fundraising and community events and for company employees to work or attend the events. If an employee is injured during such an event, it may be disputed whether the injury is work-related so as to warrant an award of workers’ compensation benefits. Recently, a New Jersey appellate court discussed the distinction between work-related injuries and injuries sustained during recreational activities in a case in which an employee’s workers’ compensation claim was denied.  If you were injured during a work event, it is prudent to contact a proficient New Jersey workers’ compensation attorney to assess whether you may be owed benefits for your injury.

Facts Regarding the Employee’s Injury

Reportedly, the employee worked as a cook for the employer, a non-profit organization that provides services and vocational training to individuals with developmental disabilities. In September 2017, the employer hosted an event for the family members of its clients, which included food and recreational activities, such as music and games. The employee was not required to work the event but volunteered her services to the employer. She was not paid for her participation. During the event, she fell and injured her right ankle and foot.

It is alleged that the employee filed a claim for workers’ compensation benefits following her injury. The employer argued that the employee was not entitled to benefits because she was not engaged in employment activities at the time of her injury. The workers’ compensation judge ruled in favor of the employer, finding that the employee was volunteering, not working, at the time of her injury. The employee appealed the judge’s ruling. Continue Reading ›

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