New Jersey workers’ compensation attorney explains how injuries must arise out of the scope and in the course of employment

At the Law Offices of Richard S. Greenberg, 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 — This means that work-related activity must be a major contributing factor, such as lifting boxes causing a back strain or typing triggering carpal tunnel syndrome.

In the scope — The activity that was the contributing factor in your injury has to be something that an employee with your job would be expected to do. A receptionist who shoots herself with a nail gun must explain how that activity fits her job description.

In the course — The injury must occur while you are working. Break time injuries fall into a gray area. Regularly scheduled breaks in designated areas are generally covered.

Common challenges to proving an injury was job related

At the Law Offices of Richard S. Greenberg, we encounter many injury scenarios that test the limits of the definition of “work related.” Examples include:

Social events — Company-sponsored social events are tricky, because the employer would argue that parties and softball games convey no benefit on the company and are strictly for the benefit of the employees. Employees, however, tend to think that attendance is expected, so these events are part of the job.

Commuting — Your travel from home to work is generally not covered by workers’ comp, because that activity conveys no benefit on your employer, but there are several exceptions. Travel from your regular workplace for an off-site meeting is covered, as are errands for the boss on the way to or from work.

Traveling — Business trips are covered; however, if you’re a traveling salesperson with no true worksite, you are covered when traveling directly to or from a sales call, but not for time spent deviating from the direct route.

Prohibited conduct — You may still collect workers’ comp benefits for your injuries even if your own misconduct was a contributing factor. The decision may ride on whether your employer knew of the misconduct prior to your accident and, though it was technically against the rules, did not discourage or discipline employees who participated.

Pre-existing conditions — If you have a pre-existing condition, and can prove that your regular job activities worsened it, you may be covered. The key may be to show that the previous injury had cleared up and your work activity caused a recurrence.

If your case falls into any of these gray areas, you truly need capable representation from an experienced workers’ comp attorney. The Law Offices of Richard S. Greenberg provides diligent care whether you’re filing a claim for the first time, appealing a denial or trying to reach a disability settlement.

Contact our experienced workers’ comp attorneys to discuss your job-related injury

Act now to protect your rights to workers’ comp benefits for your job-related injuries. The Law Offices of Richard S. Greenberg assists injured workers in Bergen County and throughout northern New Jersey. To schedule a free consultation, contact our dedicated and compassionate attorneys online or by calling 201.371.5276. Se habla español.

Bergen County attorneys work to minimize the damage done by your arrest
Traffic offense attorneys at the Law Offices of Richard S. Greenberg assert our clients’ rights to a fair hearing. We challenge all aspects of the state’s case in an effort to minimize the consequences of the arrest for our clients. However, it’s important to know the possible consequences if you are stopped for DWI/DUI in New Jersey.

Costly fines and loss of license for first-time DWI/DUI in New Jersey
Although DWI/DUI is a traffic offense in New Jersey, not a felony or misdemeanor, it comes with heavy fines and mandatory jail time. The fines and penalties for a first-offense DUI are based upon the driver’s blood alcohol content (BAC) as follows:

BAC of 0.08 percent or greater but less than 0.10 percent — Loss of license for three months; $250 to $400 fine, $230 fee paid to the Intoxicated Driver Resource Center (IDRC), $100 fee paid to the drunk driving fund, $100 fee paid to the Alcohol Education and Rehabilitation Fund (AERF), a surcharge of $1,000 per year for three years and a $75 fee paid to the Neighborhood Services Fund; incarceration in county jail for up to 30 days; and 12 to 48 hours of service at the IDRC

BAC of 0.10 percent or greater — Loss of license for seven months to one year; $300 to $500 fine, $230 fee paid to the Intoxicated Driver Resource Center, $100 fee paid to the drunk driving fund, $100 fee paid to the Alcohol Education and Rehabilitation Fund, a surcharge of $1,000 per year for three years and a $75 fee paid to the Neighborhood Services Fund; incarceration in county jail for up to 30 days; and 12 to 48 hours of service at the IDRC. For a BAC of 0.15 percent or greater, an ignition interlock device during the license suspension and for six months to one year following license restoration

Mandatory penalties for repeated DWI/DUI convictions
Second offense within 10 years — Loss of license for two years; $500 to $1,000 fine, $280 IDRC fee, $100 fee paid to the drunk driving fund, $100 fee paid to the AERF, surcharge of $1,000 per year for three years and a $75 fee to the Neighborhood Services Fund; incarceration in county jail for 48 hours to 90 days; 30 days community service; 12 to 48 hours at the IDRC; ignition interlock device during license suspension and for one to three years following restoration

Third offense within 10 years of second offense — Loss of license for 10 years; $1,000 fine, $280 IDRC fee, $100 fee paid to the drunk driving fund, $100 fee paid to the AERF, surcharge of $1,500 per year for three years and a $75 fee paid to the Neighborhood Services Fund; 180 days in county jail; up to 90 days of community service (some in lieu of mandatory jail time); 12 to 48 hours at the IDRC; ignition interlock device during license suspension and for one to three years following restoration

New Jersey also has specific penalties for driving or riding with an open container, driving with a DUI suspension and driving while possessing drugs.

Some steps to take and actions to avoid after a car accident injury in Bergen County & Northern NJ
If you suffer an injury from a car accident in northern NJ, you should seek immediate medical help. After a car accident, try to remember the following:

Stay calm: Panic or angry behavior makes the situation worse.
File a car accident report with the police: Even after a minor accident it is important to make sure there is a legal accident report. Do not leave the scene until the police file a full report.
Do not admit fault or liability: Stay neutral, and limit your discussion of the accident to speaking with the police. Be polite, but remember that anything you say can be used against you.
Do not move your vehicle: Unless you are in danger, it is best not to move your car until the police arrive. The police record the locations of the cars. This is extremely important to any future case.
Gather information: Be sure to get names, address, and phone numbers of everyone involved in the accident, including witnesses. Use your cell phone to take pictures of the accident. Record information such as weather conditions, date, and time of the accident. Secure a description of the other car and license plate number. You also need the name of the insurance company of the other driver and the vehicle identification number of the car. The police can assist you with gathering this information.
Call your insurance company: Ask if there are any deadlines for filing claims. Do not cooperate with the insurance company. You do not want unwittingly to make damaging statements that may be used against you. Do not accept a settlement before you speak to a Bergen County car accident lawyer, and do not sign anything.
Call an attorney: If you are injured, an experienced car accident lawyer in Bergen County can assist you with such things as preserving the evidence you may need to prove your case. The Law Offices of Richard S. Greenberg can put your mind at ease and give you the time to heal while pursuing your rights. Most important, we know how to value your case.