Archive for May 2011

NEW JERSEY WORKERS’ COMPENSATION LAWYERS REVIEW RECENT APPELLATE DIVISION CASE EXPANDING THE “COMING AND GOING” RULE TO OFF-SITE EMPLOYEES TRAVELLING ON COFFEE BREAK.

Under traditional rules of Workers’ Compensation in the State of New Jersey, an employee who is “coming and going” from the place of work is not entitled to benefits under the statute. A minor deviation, however , from employment does not render an employee ineligible. In a recent case, the Appellate Division of the Superior Court of New Jersey held that accidents occurring during coffee breaks for off-site employees are minor deviations from employment and therefore the employee is entitled to recover full benefits. The employee in the case was severely injured while on a five male trip to a deli for coffee. The Court determined that was properly taking a coffee break as the employee waited to consult with an expert to finish with other business as directed by the employer. As such, an employee is in the course of employment when performing his or her prescribed duties at the time of the injury.

Legal Quote of the Week:

I see that the State in which the law is above the rules…has salvation.

Plato, 428-c.348 b.c., Laws