Fights on the job, while rare, sometimes result in injuries. Employers often deny worker’s compensation benefits for these injuries. However, under New Jersey law these injuries can be considered compensable in some situations.
The law recognizes that fights can occur on the job and injuries result. To determine if such injuries are compensable the court will look at the pre-fight relationship of the parties involved in the fight. Unless the fight occurred as the result of a previous dispute or problem between the parties, which began off the job and was unrelated to work, such injuries are often times found to be compensable. When the fight results from a dispute over how the work is done, or over a clearly work-related issue, compensation benefits are usually awarded. Even when the fight results only because two workers were put in close proximity to each other as a result of the work, compensability is often found.
It is when the “fighters” began the dispute off the job, over some personal matter, and bring their dispute into the workplace that a court will generally find the injuries to be outside the coverage of the compensation law and will deny benefits. Of course, each situation should be examined on its own merits. If you are injured on the job as a result of a fight the experienced Worker’s Compensation attorneys at Stark and Stark are ready to advise and assist you.