New Jersey Workers’ Comp Is a No Fault System
New Jersey Workers’ Compensation law requires “no-fault” insurance policies. Although you do not have to prove fault, you will still need the assistance of New Jersey workers’ comp attorney to help you navigate through this complex system and get the maximum benefits to which you are entitled.
What Does “No Fault” Mean?
New Jersey’s workers’ compensation system compensates employees who are injured within the scope of their employment regardless of fault. This means that employees suffering work-related injuries do not have to prove employer negligence to get compensation for their authorized medical bills and receive disability benefits.
The New Jersey Legislature’s goal in passing this law is to avoid the unfair denial of benefits to a negligent worker performing his or her job in good faith. This system also allow injured workers to collect benefits without being forced to file a personal injury claim against their employer that may or may not result in compensation.
For example, if you trip and fall on your shoe laces while walking to your desk at work, you will still be entitled to workers’ comp benefits, even though your employer had no fault in causing your injuries. The Legislature believed that a system that litigates fault would be overburdened with proceedings to determine who is negligent and who is not.
So, as long as your New Jersey workers’ comp attorney can prove that your injuries occurred within the scope of your employment, you may be entitled to workers’ comp benefits.
Exceptions to the No Fault System
There are certain exceptions to this no fault system. If the employer can prove any of the following, by the preponderance of evidence, the employee will not be entitled to workers’ compensation benefits:
- Injury or death was produced solely as a result of intoxication or use of controlled dangerous substances
- Injury or death was caused by willful failure to make use of a reasonable and proper personal protective device furnished by the employer
- Injury or death was intentionally self-inflicted
However, if the New Jersey workers’ comp attorney can show that the self-inflicted injury was the result of the employee becoming dominated by a disturbance of mind that was directly caused by his or her original work-related injury, he or she will be entitled to workers’ comp benefits.
For more information about New Jersey’s no fault workers’ comp system or to schedule a complimentary consultation, call New Jersey workers’ comp attorney Dan Matrafajlo at (908) 248-4404.