Injured at work?
Workers’ Compensation – You do have rights! The insurance companies will not tell you what you are entitled to. They have lawyers – why shouldn’t you?
In New Jersey, any employee injured at work, regardless of fault, may be entitled to three benefits:
- Free medical care;
- Pay while unable to work; and
- A cash settlement for loss of function caused by the work-related injury.
This means that even if the accident was your fault you can still file a claim.
This also means that if the accident was your fault, as long as you were not intoxicated on drugs or injured yourself intentionally, you can still file a claim. Depending upon your occupation your employer could require you to undergo a Drug Test
You can still recover Workers’ Compensation Benefits even if the accident was your fault
New Jersey law states that accidents arising out of and in the course of employment are compensable without regard to the negligence of the employer in all cases except when the injury or death are intentionally self-inflicted or when intoxication either by alcohol or drugs is the natural and proximate cause of the injury. Your fault or what’s referred to as negligence or comparative fault or comparative negligence does not matter.
For example if you trip over a computer cord in your office, and you knew that the computer cord was there, you can still file a workers compensation claim. If you slip and fall in the workplace kitchen or bathroom and you forgot to check to see if the floors were wet you can still file a workers compensation claim. If you drive for work and you get involved in a motor vehicle accident whether the accident was your fault or not you can still file a claim for workers compensation benefits.
