At the Law Offices of Scura, Wigfield, Heyer, Stevens, & Cammarota, LLP, we advise our clients that to collect workers’ compensation benefits, their injury must be job related, though it’s not always clear what job-related means. Courts have held that the injury must “arise out of your employment” and occur “in the scope” and “in the course” of employment. Do the circumstances of your injury fit this technical language?
Arising out of employment — If you were injured on the job in New Jersey, you may be entitled to workers’ compensation benefits. But not every injury that happens at work is automatically covered. One of the key legal questions that determines whether you qualify for benefits is whether your injury “arose out of the employment.” So, what does that actually mean?
Understanding the Workers' Compensation Standard
Under New Jersey law, to qualify for workers’ compensation benefits, your injury must meet two main criteria:
- It must arise out of the employment; and
- It must occur in the course of the employment.
These two elements go hand-in-hand but are not the same.
- "In the course of employment" usually refers to when and where the injury happened—during work hours, on the job site, etc.
- "Arising out the employment" is more about the connection between your job duties and the accident.
What Does "Arising Out of the Employment" Really Mean?
In simple terms, an injury arises out of the employment if your job placed you in a position where the injury was more likely to occur. There must be some kind of causal connection between the work and harm you suffered.
Here are some examples:
- A warehouse worker injures their back while lifting heavy boxes – clearly "arising out of employment."
- A delivery driver gets into a car accident while making deliveries – covered, since driving is part of the job.
- An office worker slips on a wet floor in the building hallway – likely covered, especially if it’s a common area used for work.
- An employee is injured in a fight at work – may or may not be covered, depending on whether the altercation was work-related.
However, if the injury was caused by something completely unrelated to your job, it may not be covered. For example, if you were hurt while doing something purely personal or not authorized by your employer, the claim could be denied.
The “Increased Risk” Test in New Jersey
New Jersey courts often apply what’s called the “increased risk” test. This means your job must have increased your exposure to the risk that caused your injury.
- Tripping over a box in a warehouse walkway – likely covered, because the work environment increased the risk.
- Getting struck by lightning while walking from the parking lot – likely not covered, unless your job required outdoor exposure.
Each case is fact-sensitive and depends on the specific circumstances of how the injury occurred.
Common Challenges to Proving an Injury Was Job Related
At the Law Offices of Scura, Wigfield, Heyer, Stevens, & Cammarota, LLP, we encounter many injury scenarios that test the limits of the definition of “work related.” Examples include:
Injuries at Social Events
Injuries sustained during company-sponsored events—such as holiday parties, picnics, team outings, or softball games—can be difficult to classify as work-related. Employers often argue that these events are purely social and voluntary.
New Jersey Workers' Compensation Law:
Under New Jersey law, injuries from recreational or social activities may be compensable if:
- The event was sponsored of financed by the employer;
- The employer directly benefited from the employee's participation; and
- Participation was expected, not strictly voluntary.
For example, if a company’s holiday party was held on work premises, during work hours, or included supervisor participation with strong encouragement to attend, there’s a stronger argument for coverage. New Jersey Courts have held that if the employer gains intangible benefits—such as improved employee morale or team cohesion—the event may fall under the scope of employment.
Injuries While Commuting
Generally, injuries that occur during your commute—from your home to your regular workplace—are not covered under New Jersey’s workers’ compensation laws. This is known as the “going and coming” rule.
Exceptions Under New Jersey Law:
- Special missions: Running a specific errand for your employer during your commute (e.g., dropping off a package or picking up supplies), you may be covered.
- Off-site work travel: If you’re traveling from your regular workplace to an off-site job location or client meeting, that travel is generally compensable.
- No fixed worksite: If your job requires traveling to multiple locations (e.g., construction, sales), then travel between locations is typically covered.
- Employer-provided transportation: If your employer provides transportation or reimburses travel costs, and you are injured while using that transportation, your injury may qualify as work-related.
Injuries During Work-Related Travel
Travel for work is generally covered under New Jersey workers’ compensation law, but complications arise when personal activities occur during business trips.
New Jersey Legal Standard:
New Jersey law recognizes that employees traveling for work are often under “continuous coverage”. This means that even injuries that occur during downtime (e.g., at a hotel or restaurant) may be covered, provided the employee did not engage in a substantial deviation from work-related activities.
However, personal detours—like sightseeing or visiting friends—may disqualify that portion of the trip from coverage.
Special Cases - Remote or Traveling Workers
If you’re a traveling salesperson or have no central work location, your travel is considered part of your work. However, any clear detour for personal reasons could break the connection to employment.
Injuries Involving Prohibited Conduct or Misconduct
What if you were breaking a rule at the time of the injury–for instance, using equipment improperly or horseplaying? Employers may argue that misconduct disqualifies you from benefits.
New Jersey Law on Misconduct
New Jersey’s workers’ compensation system is “no-fault”, meaning you can usually receive benefits even if your own actions or misconduct contributed to your injury. However, there are limits. Injuries caused by willful misconduct, intoxication, or illegal activities may disqualify you.
That said, if an employer was aware of rule violations and allowed it without discipline, they may still be held liable. Courts consider:
- Whether the behavior was a momentary lapse or reckless, intentional behavior.
- Whether the conduct was known and tolerated by management.
- Whether it was a common practice in the workplace.
Pre-Existing Conditions
If you have a pre-existing injury or chronic condition, your employer or their insurance carrier may argue that your current pain or disability stem from that prior condition—not your current job.
How New Jersey Law Handles It:
Under New Jersey law, a pre-existing condition does not automatically disqualify you from receiving benefits. The key questions to consider:
- Did your work duties aggravate or accelerate the pre-existing condition?
- Was your prior injury healed or stabilized, but caused a recurrence or flare-up?
- Did you require new medical treatment or miss time from work due to the aggravation.
Medical documentation is essential. A treating physician’s opinion that your job materially worsened your condition can be enough to qualify for benefits.
Collecting the full worker’s compensation benefits you deserve is not easy. In order to protect your legal rights, it will be important for you to rely on the advice and representation of an experienced attorney.
Contact Our Experienced Workers’ Compensation Attorneys to Discuss Your Job-Related Injury
If you sustained a work-related injury, you should contact the attorneys at Scura, Wigfield, Heyer, Stevens, & Cammarota, LLP at (973) 696-8391.
