Gencarelli & Rimassa Law

NJ Workplace Accident Lawyers

Workplace Accident Lawyers NJ
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Workplace Accidents in New Jersey

Did you get injured at your workplace? If it happened in the course of employment, you may be covered under New Jersey workers’ compensation law. And while many believe that determining whether an injury was in the course of employment is simple, there are a lot of small things that you must note. If you believe you deserve some kind of compensation, your best option is to contact a reputable workplace accident attorney in NJ.

Asian man worker had accident broken his leg lying near forklift truck on floor in warehouse.

The going-and-coming rule and off-premises employees

Under New Jersey workers’ compensation law, an employee is not considered to be working when they’re commuting to and from work. This poses the question – when does the commute from home to work end, and when does the commute from work to home begin?

Determining when a workday begins and ends is often unclear under NJ workers’ compensation laws. What happens if an employee is injured in a common lobby that the employer shares with other business entities? Have they suffered an injury that the workers’ compensation law covers?

Another similar example is when an employee is injured in the employee parking lot. What if the parking lot is not an employee parking lot?

To answer this, the courts often tend to look at how much control the employer has over the areas. This could determine whether or not an injury falls within workers’ compensation. The more control the employer has over the area where the injury occurred, the more likely it is that the employee’s incident is considered a work injury.

However, as we mentioned, this is a difficult area to determine. If you believe your injury is covered under workers’ compensation laws, you will want a good workplace accident lawyer in NJ.

There is also the question of off-premises employees. Many employees in various companies don’t work at fixed premises that their employers control. These employees should be compensated for injures that were sustained while they were directly performing their job’s responsibilities.

For example, if you work in a bike messenger delivery service, and get involved in an accident while delivering a package, this is considered a workplace accident.

Note, however, that there are deviations from work by off-premises employees. If the injury has occurred while you were involved in a personal activity that deviates from your job responsibilities, that injury is not covered under workers’ compensation laws. Major deviations are often considered personal missions, such as you going shopping on your lunch break.

By all means, get legal counsel

Even though the aforementioned may be simple to understand, the concept of determining whether an injury has occurred in the course of employment is far more complex than that. Depending on the extent of your injuries, not consulting with the appropriate counsel can cost you quite a bit.

The best way to go about this, if you have been injured at your workplace, is to consult with a workplace accident attorney in NJ. At Gencarelli & Rimassa Law Firm, LLC, we can help you settle your workplace accident case. Contact us today on 201-549-8737 and arrange a consultation.

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