compensable injury Archives - Workers' Compensation Defense

December 16, 2019 Disability Benefits / New Jersey

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 …

November 25, 2019 Disability Benefits / New Jersey

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 …

April 22, 2019 Going and Coming Rule / New Jersey

On the Road Again: Compensability on the New Jersey Roadways

In New Jersey, an injury sustained during employee’s travel to and from the workplace is generally not a compensable injury. This is commonly referred to as the “going and coming rule.” This rule developed in a time where employees commonly worked in a single, physical location such as an office or a store. The course and scope of an employee’s work began once she arrived at the office or store and it ended when the employee left for the day.

Today, for many employees, the …