WORKERS' COMPENSATION

What is Workers' Compensation?

Workers’ Compensation is remedial social legislation to insure that employees injured on the job will be paid without regard to fault. The effect of the compensation statute on the covered “employee” is to take away his or her common-law remedies against the “employer” and to substitute in their place a remedy that requires the employer to pay the compensation benefits stipulated in the statute. The right to pay the compensation is the covered employee’s exclusive remedy against the employer. In understanding this rule, the State of New Jersey is self insured for Workers’ Compensation pursuant to N.J.S.A. 34:15-1 et seq.; there is no other insurance involvement. All matters regarding case management and investigations are handled by the Division of Risk Management. The New Jersey State Department of Law and Public Safety, Division of Law, provides legal advice pertaining to claims and litigation support. The Division of Risk Management (DRM) is responsible for the budgeting of workers’ compensation obligations. All workers’ compensation obligations, including payments for medical treatment, temporary and permanent disability, are approved and processed by the Division to the dictates of N.J.S.A.34:15-7 and N.J.S.A.34:15-43.

DEFINITION OF WORK RELATED INJURY - NJ Workers' Compensation Attorney

What is a “Work Related” Injury?

In determining if a reported injury is covered under workers’ compensation, one must first determine if the injury is a direct result of the employee’s employment. The cause for injury must fall under the guidelines pursuant to N.J.S.A. 34:15-1 et.seq.

A work related injury is an injury which occurs out of and in the course of State employment. “In the course of employment” is defined as when employees are at their place of work, during the hours that they are expected to be there and engaged in doing the task that they were employed to do. This does not necessarily mean that the employee would have to be at the employer’s office or premises at the time. The employee could be traveling to or from appointments or doing work at other places designated by the employer. Overtime is included in the equation, as well. In order to be compensable, the accident must result in bodily injury. No compensation is payable for property damage which is the result of the accident. The injury for which a compensable claim is made must be the proximate result of the accident the employee sustained. If there is no such causal relationship, then the employee may not recover benefits.

If you have been injured on the job, contact Simon Law Group and speak with a NJ Workers' Compensation Attorney at 800-709-1131800-709-1131