Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Was Your Injury Work-Related? Part One

Personal Injury Claims
October 30, 2023
Lee Law Firm , LLC

Meeting the Two Part Test to Qualify for Workers’ Compensation Benefits—Injuries Suffered on a Work Break

In the aftermath of a workplace injury, you may have the right to collect workers’ compensation benefits for your disability, as well as reimbursement or payment of medical expenses tied to your injury. In New Jersey, as in most states, there are only two requirements to qualify for workers’ compensation: you must show that you suffered an injury and you must demonstrate that it was work-related.

When you’ve been hurt in a traumatic accident on the job, meeting those tests can be relatively straightforward. With a repetitive stress or motion injury, it becomes a bit more of a challenge. There are, though, certain situations where it may be unclear whether you were “on the job.” This series of blogs looks at some of those uncertain instances.

Injuries Suffered on a Break

Under certain labor laws, workers have a right to take regular breaks, including time away from the desk or assembly line for meals. Technically, when you are sitting in the break room or cafeteria, you’re not doing what you get paid to do. Does that mean you can’t recover workers’ compensation benefits if you are injured while on break? As a general rule, it does not—regularly scheduled breaks constitute a part of your work and you can customarily seek and receive workers’ compensation benefits for injuries suffered in the company break or lunch room.

As with most rules, though, there are exceptions. You may be prevented from recovering workers’ compensation benefits if you were engaged in horseplay at the time of the injury or doing something that was contrary to established company policy. In addition, if you leave company premises while on break, you typically cannot seek workers’ compensation benefits for injuries incurred, unless you had a work purpose for leaving the grounds. For example, if your supervisor sends you to get food for other employees or to drop off a package at the post office, you will probably be eligible for workers’ compensation for injuries suffered on the way there or back. However, if you deviate from the route for any personal errand, injuries suffered on that detour won’t qualify you for work comp benefits.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

wrecked bike because of collision with car

Rear-End Crash Throws, Kills Biker

May 4, 2017
Lee Law Firm , LLC
Car Accidents
People in New Jersey who love to ride motorcycles are generally very excited when spring returns. Being on two wheels is far more pleasant in better weather for sure. However, weather is only one component of riding on a motorcycle and the dangers associated with sharing the roads with cars, trucks and other passenger vehicles remain […]
slip and falls in cold weather

Slips and Falls in New Jersey Winter Weather

November 22, 2022
Lee Law Firm , LLC
New Jersey Personal Injury Claims
The Duties of Property Owners to Minimize the Risk of Premises Liability Injuries It’s winter in New Jersey and that means snow and often ice, as well. It’s not uncommon for some parts of the state to get almost 10 inches in a single snowfall, and as much as four feet of snow over the […]
personal injury settlements

Should You Take a Settlement or Go to Court?

February 1, 2022
Lee Law Firm , LLC
New Jersey Personal Injury Claims
The Advantages of Settling a Lawsuit When you’ve been hurt because of someone else’s negligence or carelessness, you have a right to file a lawsuit seeking compensation for all your losses. Though you can go to trial and let a jury determine both liability and damages, it’s far more common for a personal injury claim to be […]


Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map


150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081


600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081


East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: