Visitor Question

If my foot injury began at work do I qualify for workers’ comp?

Submitted By: Anonymous (Mahwah, New Jersey)

On 11/13/17 a bone in my foot fractured. I was just walking through a public parking lot and not at work. However, I may have injured the bone initially at work. I work in an eCommerce Distribution center – long days on hard cement floors. About 1-2 weeks prior to the fracture, I had been helping move some racking around and we were using our feet to help push the heavy racks. I started to have periodic pain in that foot (thinking maybe I pulled a muscle).

On Friday, 11/10/17, we moved some more heavy racking and I then had a lot of pain and was limping. I did not go see the nurse, but did mention it to my immediate Supervisor. I had on and off pain over the weekend. Then on 11/13, as mentioned, the bone just snapped when I was not at work.

I have been in a boot and have crutches and a kneeling scooter ever since. On 12/8/17 I had a screw surgically put in my foot as the break was getting worse instead of better. I am still under Doctor’s care. I am wondering if my issue would be considered a Worker’s Comp claim since the final break did not happen on company property? Any information you can provide would be appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

New Jersey state law requires an injured worker to notify his or her employer within fourteen (14) days after a job related  injury. If notice is given after the fourteen day period, the worker’s benefits will not be denied; rather the benefits will be delayed until such time as the worker reports the injury.

See New Jersey Revised Statutes, Section 34:15-17, “Notification of Employer”

It is sufficient that you reported the injury verbally to your supervisor, but to be thorough, you should now do so in writing and in the form set out below. Any piece of paper will do. The notice does not have to be typed; it may be hand-written.

To (name of employer):

You are hereby notified that a personal injury was received by (your name), who was in your employ at (location of the company where you worked at the time of your injury) while engaged as (the type of work you were doing at the time of the injury) on or about the (date the injury occurred), and that compensation will be claimed therefor.

Signed,

Your name

You can hand-deliver or mail the notice to your employer or supervisor. Once you have done so,  your employer is required to send you to a doctor on an approved list. You will not be required to pay any amount for the doctor’s examination. At that time the doctor will assess your injury and make a diagnosis.  The doctor will send the diagnosis to your employer and the workers’ compensation insurance company. You can request a copy of the diagnosis.

In the interim, be sure to speak with any coworkers who were there at the time you believe you were injured. If they corroborate your version of events, it will help support the credibility of your injury claim.

For further information about New Jersey Workers Compensation issues, see:
State of New Jersey Department of Labor and Workforce Development

Learn more here: Ask a Question

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

Published:

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Leave a Comment

Don’t ask a personal injury question here – comments are not reviewed by an attorney. Ask your question on this page. Required fields are marked *