Need Legal Help? Call 215.925.4451

Can an employee file for New Jersey workers’ compensation benefits if a fellow employee was horsing around and caused the accident?

A: Yes, in fact there is a specific section of the New Jersey Workers’ Compensation Law which addresses this situation. Section 34:15-7.1 of the Workers’ Compensation Law provides that employees who are injured due to a fellow employee’s horseplay will be allowed to make a claim so long as the injured employee did not instigate or take part in the horseplay.

Under New Jersey workers’ compensation law, only a certain portion of the average weekly wage may be recovered. Therefore, many workers who are seriously injured in workplace accidents find themselves in serious financial trouble. Many employers will attempt to terminate benefits and so it is important to have a knowledgeable workers’ compensation lawyer review the case and guide you in making the claim.

Related Legal Article: New Jersey Workers’ Compensation Legal Article: Employee Recovery for Injury

To speak to one of our New Jersey workers’ compensation lawyers, call 215.925.4451. Our lawyers offer free consultations to all injured employees in the New Jersey and Pennsylvania area.

The workers’ compensation and injury lawyers at Schwartz & Blackman handle cases in the New Jersey and Pennsylvania area, including:

  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Published: June 6, 2012



    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.


    Pennsylvania Office
    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
    Fax: (215) 574-1200

    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
    Tel: (856) 427-0614
    Fax: (856) 424-3690