Is Living In NJ Enough to Bring A Workers Compensation Claim in New Jersey

Is Living in New Jersey enough to bring a Workers Compensation Claim?

No. In order for the Workers Compensation Court to have jurisdiction over a work accident, one of three things must occur.

The first is the work accident occurred in New Jersey. The second is the contract of hire was in New Jersey. Thirdly, a substantial amount of employment for the respondent occurs in New Jersey.

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Can A Company Avoid NJ Workers Compensation by Contract?

No. The New Jersey Appellate Division held that a Workers Compensation Judge can look beyond the terms of a contract to see if there are ground that would give the Workers Compensation Court jurisdiction. See related article on Jurisdiction. See Parks v. Johnson Motor Lines, 156 N.J. Super. 177 (App.Div. 1978). Gotkin v. Weinberg, 2 NJ 305 (1949).