It is 7:00 AM on a Tuesday in January 2026. A winter storm has just blanketed Passaic County with six inches of heavy, wet snow. You are a remote employee for a company in Newark or a hybrid worker slated to work from home today. Before you can settle into your home office for your first Zoom call, you head out to shovel the driveway so you can eventually get the mail or run a work-related errand.
Then, disaster strikes. You slip on a patch of ice, suffering a serious back injury or a broken wrist. As the medical bills mount, a critical question arises: Does this qualify for Workers’ Compensation in New Jersey?
At Camili & Capo, we are seeing more cases where the boundaries of the office are tested. As of 2026, New Jersey courts have become increasingly nuanced regarding remote work injuries. Understanding where your home ends and your workplace begins is the key to securing the benefits you deserve.
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The Traditional Rule: The Coming and Going Doctrine
To understand remote work injuries, we must first look at the standard rule for office workers. For decades, New Jersey has followed the Coming and Going Rule. This doctrine states that injuries sustained during a normal commute to or from a fixed place of business are generally not compensable under workers' compensation.
If you were driving to an office in Totowa and crashed on Route 46, you typically wouldn't be covered because you hadn't started work yet. However, for remote workers, the commute has been eliminated. In 2026, the premises of your employer will often be your own living room. Does that mean your coverage starts the moment you wake up?
Similar Post: Can You Get Workers’ Comp for Carpal Tunnel from an Office Job?
The 2026 Legal Standard: In the Course of Employment
In New Jersey, for an injury to be covered by workers' comp, it must arise out of and in the course of employment. This requires a two-part test:
- Arising Out of: Was the risk of the injury related to the nature of the work?
- In the Course of: Did the injury happen during work hours and while the employee was performing work duties?
The Shoveling Dilemma: Is it a Work Task?
If you are shoveling your driveway, the insurance company will likely argue that this is a personal chore. They will claim you are maintaining your private property, which has nothing to do with your job as a software developer, accountant, or project manager.
However, there are three specific 2026 scenarios where a shoveling injury might actually be a winning workers' comp claim:
1. The Special Mission Exception
If your boss specifically asked you to drop off documents at a client’s house or pick up supplies that morning, your commute begins the moment you start preparing to leave. In this case, clearing the driveway is a necessary step to fulfill a specific work directive.
2. The Hybrid Commute Requirement
In 2026, many NJ employers require on-call hybrid status. If you were required to be at the office for a mandatory 10:00 AM meeting and were clearing the snow specifically to meet that employer-mandated deadline, an experienced attorney might argue that the shoveling was an essential part of your work-mandated travel.
3. The Required Home Office
If your employer does not provide a physical office space and requires you to work from home, your home effectively becomes their secondary premises. If you can prove that you were clearing the path to allow for work-related deliveries (like a new company laptop) or to ensure your home office remained accessible for business invitees, the lines of liability begin to shift in your favor.
The Personal Comfort Doctrine in 2026
New Jersey courts also recognize the Personal Comfort Doctrine. This allows workers to remain covered during minor deviations for basic human needs, such as getting a cup of coffee or using the restroom.
If you were already on the clock and stepped outside to salt the front step so the mail carrier could deliver work documents, a judge might view this as a minor deviation similar to a coffee break. However, if you are doing a full hour of heavy shoveling for your own convenience, the insurance carrier will fight the claim tooth and nail.
Similar Post: What Mistakes Should You Avoid While on Workers’ Comp in New Jersey?
Why Insurance Companies Deny Remote Claims
Insurance adjusters are trained to look for major deviations. A major deviation is an activity that is purely personal and has zero benefit to the employer. In the eyes of a 2026 insurance carrier, shoveling snow is a property owner's responsibility, not a worker's responsibility.
Without a witness (which is common at home), the insurance company will check:
- Digital Breadcrumbs: Were you logged into your company Slack or VPN at the time of the fall?
- The Log-In Time: Did the injury happen at 7:30 AM, but your workday doesn't start until 9:00 AM?
- Medical Records: What did you tell the ER doctor? If you said, I was just cleaning my yard, you may have accidentally tanked your claim.
What to Do if You Are Injured While Shoveling
If you slip and fall while preparing for your remote workday, the steps you take in the first 24 hours will determine the success of your claim:
- Report the Injury Immediately: Notify your supervisor in writing (email or text). Even if you think the injury is minor, on-the-clock status must be established early.
- Document the Work Context: Were you preparing for a specific meeting? Were you expecting a work delivery? Save those calendar invites and emails.
- Take Photos: Capture the ice patch and the state of the driveway.
- Speak to a Lawyer Before the Adjuster: The insurance company will call you to record a statement. They will ask leading questions designed to make you admit the shoveling was just for yourself. Do not give a statement without legal counsel.
Why Choose Camili & Capo for Your Workers' Comp Claim?
The law surrounding remote work is still being written in 2026. You cannot rely on a firm that uses pre-pandemic logic. You need trial lawyers who are at the cutting edge of New Jersey’s evolving employment and insurance statutes.
The attorneys at our firm understand the complexities of the North Jersey workforce. Whether you are a remote executive in Montclair or a hybrid worker in Little Falls, we know how to bridge the gap between home life and work life to prove that your employer’s responsibility followed you through your front door.
Don't Face the Insurance Giants Alone
A denied workers' comp claim doesn't just mean unpaid medical bills; it can mean months of lost wages and permanent physical disability without a safety net. If you’ve been hurt while working from home, let us do the heavy lifting.
Schedule Your Free Case Review Today
We represent injured workers throughout Passaic, Essex, Hudson, and Middlesex Counties. We handle the paperwork, the evidence gathering, and the courtroom battles so you can focus on healing.
Call Camili & Capo today at (973) 834-8457 or contact us online to speak with a New Jersey workers' compensation lawyer.
Your home is your office. Your rights are our priority. Call now.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
