As technology continuously advances, the need for employees to come into the office to be able to perform their essential job duties has been substantially decreasing. Many companies now offer flexible work-from-home options for their employees, and some have done away with their physical offices altogether. But what happens when an employee gets injured in the home? Can they still file a workers’ compensation claim? The answer is “yes” under some circumstances, and “no” under others.
When determining if an employee is eligible for workers’ compensation benefits for injuries arising from incidents that occur when the employee is working from home, it is important to first look at when employment is determined to begin. N.J.S.A. 34:15-36 states in pertinent part that “when the employee is required to be away from the employer’s place of employment, the employee shall be deemed to be in the course of employment when the employee is engaged in the direct performance of duties assigned or directed by the employer.” The Supreme Court of New Jersey addressed this exact issue in the case of Jumpp v. City of Ventnor, 177 N.J. 473.
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