Mark & Galusha, Workers Compensation Attorneys - Basking Ridge, Somerset County, New Jersey

The Workmen's Compensation Act was designed broadly to provide compensation for an injured employee for death or injury by accident arising out of and in the course of the employment except for instances where the injury or death is intentionally self-inflicted or when intoxication is the natural and proximate cause of injury. Unlike personal injury law, the act does not consider "fault" or proximate causation as factors in determining compensation for the injured employee. On the contrary, the act is to be liberally applied as a compensation statute intended to protect employees notwithstanding their own negligent actions. Similarly, the statutory requirements are met if the employment is simply a contributory cause to the injury.

Taking this concept one step further, an employee is not deprived of workers compensation benefits even if he was not actually working when the accident occurred. An employee who is injured while stopping work to have a cigarette or to use the telephone is still covered under the act. These types of breaks from work are considered minor deviations and are generally considered sufficiently related to their employment under the act. The court has construed the "sufficiently related to employment" requirement of the act so broadly that minor deviations of employment even include employees stopping work to watch a passing parade or a strange object.

In Secor v. Penn Service Garage (35 N.J.Super. 59, 113 A.2d 177), Secor was employed as a garage attendant by the Penn Service Garage. In addition to parking cars, his job duties also included selling gas. While filling a customer's gas tank, the gasoline overflowed and some gas splashed onto his uniform. One of Secor's bosses asked him to come into the office and change his uniform since it was very dangerous to have gas on his clothing. Secor, claiming 'he wasn't afraid of that stuff,' took out a book of matches out, lit one with his right hand and allegedly attempted to reach for a cigarette in his shirt pocket when he caught on fire. Secor filed a petition for compensation alleging that he was severely burned and that his injury was by accident arising out of and in the course of his employment. Penn Service Garage argued the injury was not compensable under the New Jersey Workmen's Compensation Act since the injury sustained was intentionally self-inflicted. Secor was awarded compensation by the workman's compensation court for his injury since it was determined it was not caused by the intentional lighting of his clothes and that it was not intentionally self-inflicted within the meaning of act.

The decision was appealed by Penn Service Garage to the County Court and reversed. The County Court agreed the injury was not intentionally self-inflicted but determined it had not arisen "in the course of the employment." The County Court's decision was then set aside by the Appellate Division and the original awarded rendered by the Workmen's Compensation Division was reinstated. Judge Clapp of the Appellate Division noted that the gasoline spilled on Sector's clothes while he was actually performing one of his employment duties and its presence was a contributory factor in the burst of flames and the ensuing injury. He went to conclude that while a "deliberate and conscious' deviation by the employee will serve to remove him from the course of his employment within the contemplation of the Compensation Act, a 'momentary or impulsive' act representing an insubstantial deviation will not serve to do". Sector's attempt to smoke a cigarette was not considered a substantial deviation from his employment and did not remove him from the protections and benefits of the Workmen's Compensation Act.

If you injured or contract an occupational disease while working, please contact Mark & Galusha, your Workers Compensation attorneys in Bridgewater and Basking Ridge, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the contact us page.