When Does an Injury at Work Actually Arise Out of Employment in New Jersey?

For a work-related injury to arise out of employment, there must be a causal relationship between the employee’s injury and their employment. Simple concept, right? Well, maybe not. Consider the following hypothetical scenarios:

  • A worker faints while sitting at their desk
  • A worker is walking and, for no explicit reason, their lower back locks
  • A worker suffers a stroke while making coffee in the office kitchen

The above scenarios are all unlikely to have risen out of employment within purview of the court. Why? It …

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Candy Cane Catastrophe: A Brief Look at Workers’ Compensation Defenses in New Jersey

With the holidays quickly approaching, it is important to keep in mind a number of issues that may arise when co-workers gather to celebrate. Many employers host year-end holiday parties to recognize another year gone by and to celebrate the many successes of the company. In the unfortunate event that an employee is injured during the most wonderful time of the year, it is important to remember the guiding principle of workers’ compensation: the employer is responsible for an injury that occurs in the course …

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The Going and Coming Rule Does Not Always Apply

In an unreported opinion, the Maryland Court of Special Appeals held that the Circuit Court for Prince George’s County did not err in finding that a public safety officer, who was injured in an accident while driving his personal motor cycle to retrieve his cruiser before beginning his shift, was a compensable accidental injury under the Maryland Workers’ Compensation Act. Prince George’s County v. Zonn, 1514,SEPT.TERM,2017, 2018 WL 6721767, (Md. Ct. Spec. App. Dec. 21, 2018).

The claimant, a corporal with the Prince George’s …

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