For an injury to qualify for workers’ compensation benefits, the injury must occur during the “course and scope” of employment. New Jersey law doesn’t require employers to offer meals or rest breaks of any kind.  In many cases, simply being on the job or at the employer’s place of work will not be enough to establish workers’ compensation benefits, but it depends. On Break On the Job  The minor deviations rule holds that an employee is not ineligible for compensation simply because you: “Stopped work to have a smoke, or get some fresh air, or use the telephone, or satisfy other human needs incidental to being at the place of employment. It is clear that injuries that occur during such minor deviations are generally sufficiently related to the employment to call for compensation. Similarly, employees may stop work to satisfy their interest in a passing parade, a strange object, or

You aren’t required to purchase workers’ compensation insurance coverage if you are a sole proprietor with no employees or a freelancer.  Nevertheless, some New Jersey insurance companies will sell you a workers’ compensation policy. It’s usually a good idea to procure one, as a self-employed worker can get hurt on the job as easily as an employee can. As soon as you hire your first employee, you must obtain workers’ compensation insurance, even if your employee only works part-time.   Caveat: Make Sure You Are a Gig Worker It is vital to understand your status. If you are classified as an independent contractor but serve one employer, you may be eligible for workers’ compensation through that organization. In the 2002 New Jersey Supreme Court case, East Bay Drywall, LLC, v. Department of Labor and Workforce Development develops a three-prong test to determine whether you are an employee or an independent contractor.

Some workers’ compensation claims proceed rather routinely. The claim gets paid, the worker returns to work, and everyone is happy.  Routine claims are most likely when injuries are minor and when long-term disability isn’t an issue.  You may hope you have a routine claim and can maintain a good relationship with your employer. You might be reluctant to hire a workers’ compensation attorney or to jump the gun too soon. So while many workers’ compensation lawyers would tell you to secure representation as soon as you’re injured, we understand the reluctance. Instead, we’ll give you several “point of no return” moments that tell you you will need an attorney.  #1) The employer tries to claim the injury didn’t happen at work. Claiming the injury didn’t happen at work means the employer is trying to claim they aren’t responsible for it, and workers’ compensation shouldn’t cover it. You will need an

According to the National Domestic Workers Alliance, 23% of domestic workers report being injured on the job. Caring for babies and cleaning a house comes with its own set of hazards. Repetitive stress injuries are common, too: we see many domestic workers come in with musculoskeletal pain thanks to the backbreaking labor they’re subjected to.  In New Jersey, domestic workers have the same rights as other workers. That means they’re eligible for New Jersey minimum wage and workers compensation protections if injured on the job. Casual, part-time babysitters are the only exception to this rule. “Domestic workers”  means nannies, home health care workers, au pairs, butlers, and housekeepers.  The law covers live-in workers as well.  The law even requires employers to schedule regular paydays at least twice a month. If you’re on duty for more than 24 hours. In that case, you must be paid for all that time, including

Recently, American Airlines made news for retaliating against flight attendants for reporting worker illnesses from jet fuel fumes seeping into the cabin. They now face penalties.  Employers often try to put their heads in the sand regarding workplace health and safety problems and are incentivized to try to ignore worker injuries wherever possible. Yet doing so is against the law.  You’re responsible for reporting a workplace injury to your employer. Your employer is responsible for contacting the workers’ compensation insurance company.  Under New Jersey Law, the employer must file a First Report on Injury with the New Jersey Division of Workers Compensation within 21 days of your accident. Yet some employers balk at fulfilling this duty. Employer Disputes the Injury Some employers refuse to file injuries because they claim you weren’t injured or the injury has nothing to do with work.  You should immediately contact a New Jersey workers’ compensation

While workers compensation is required to cover 100% of the costs associated with healing any injury you took on the job, they are not required to cover you when you get sick with Covid-19, need preventative care, or need to manage other ongoing conditions, like diabetes. Those expenses must either be paid out-of-pocket or handled by your health insurance provider.  49% of workers are solely reliant on their jobs for health insurance.  It’s natural to wonder how your workers compensation case might impact your access to health insurance for issues other than your work-related injury.  Unfortunately, New Jersey doesn’t offer any protections to employees who want to keep their benefits while receiving workers compensation. You can protect your coverage for twelve weeks with the Family and Medical Leave Act, which gives you twelve work weeks of federally protected leave.  You may also be able to continue your health benefits through

This year, three workers died in an Amazon facility here in New Jersey, leading to a rush of OSHA investigations. Some places are inherently dangerous. Every year, 70 to 80 people die on the job in New Jersey. While these numbers may seem low, they are devastating to the families who are left behind, especially if the deceased worker was the primary breadwinner for the family.  The surviving, actively married spouse of a worker who died on the job may thus claim benefits, as may a dependent child who lived in the worker’s household, or full-time dependent children under the age of 23. Severely mentally or physically disabled children may also apply. What do death benefits cover?  These benefits cover the following: While most people cannot solely survive on these benefits they can go a long way towards keeping a family afloat while they seek their own employment or make

New Jersey created the Second Injury Fund in 1923. This fund was meant to encourage employers to hire disabled workers by limiting their liability for compensation payments. Employers were afraid that workers who had already been injured on the job or who have pre-existing conditions would be more prone to injuries on the new job thanks to their partial disability.  When does the Second Injury Fund take over? If you are injured in a new way on the new job and are rendered totally disabled by the new injury, the Second Injury Fund eventually takes over payments, rather than the employer’s workers compensation policy. This policy also covers you in cases where a combination of a preexisting injury or illness and a workplace injury cause total permanent disability.  You may still receive temporary benefits from your employer for a second injury. Fund benefits kick in six months before the end