One of the overriding factors about workers’ compensation in New Jersey is where the accident happened. Unless very specific circumstances are met, if you are injured on the work premises you can argue for workers’ comp and if you are even one foot off the work premises when you are injured, arguments for workers’ comp will fall flat.
It’s called the premises rule and it means simply that where you are when you are injured makes a big difference.
Owned or controlled by employer
The premises rule has two basic tenets:
- The employee is covered if injured while on premises owned or controlled by the employer
- The employee is covered if away from the place of business on duties authorized by the employer
Although each workers’ comp claim is different, you can tell if you’re covered under several general circumstances:
Were you on the clock and at your place of employment when you were injured? Then you are likely covered.
Were you off the clock but engaged in work-related activities at your place of employment when you were injured? Then you are likely covered.
Were you off the clock but arriving or leaving (even if it was at a leisurely pace) for work and on the premises of your place of employment when you were injured? Then you are likely covered.
Were you even one foot off the premises of your place of employment when you were injured? Then you are likely not covered.
Were in a parking lot or lobby or elevator or other space off premises that is controlled or owned by your employerwhen you were injured? Then you are likely covered.
Were you in a parking lot of lobby or elevator that is not controlled or owned by your employer when you were injured? Then you are likely not covered.
Were you off-site, on the clock and performing your job duties when you were injured? Then you are likely covered.
Were you off-site, on the clock and not performing your job duties when you were injured? Then you are likely not covered.
Your specific injury, where you were injured, what you were doing when you were injured – these all play a role in whether you are awarded workers’ compensation which could mean the difference between paying your bills and struggling to make ends meet.
If you or a loved one have questions about workers’ compensation, it’s a good idea to talk to a qualified, experienced attorney about all your options.