New Jersey No-Fault Work Injuries

What Is the Meaning of No-Fault?

When a work injury occurs, the state of New Jersey does not require you, the employee, to prove how your accident happened. You are entitled to coverage for medical bills and disability benefits regardless of whether your accident occurred through your employer’s negligence or another means.

The Workers’ Compensation system provides benefits for injured workers without filing a personal injury lawsuit against the employer. Thus, if your injuries happened during a work-related activity or as a result of a work-related injury, you should receive workers’ compensation.

What Does Workers’ Compensation Cover?

Under New Jersey law, employees who are performing regular job duties and sustain an injury should be eligible for the following:

• Lost income due to the accident or injury
• Approved medical expenses such as surgery and physical therapy
• Medical procedures and treatment related to the injury
• Disability benefits
• Permanent partial disability benefits when you suffer an injury that prevents you from returning to your previous duties
• Permanent total disability benefits when you suffer the loss of a limb
• Death benefits for the family should the employee die as a result of the injury
• Prescriptions
• Medical equipment

Every employer in New Jersey must carry workers’ compensation insurance. They should report a workers’ compensation claim to their insurance company, which then investigates the accident or injury. While workers’ compensation is in place to protect you in the event of an injury or accident, you are not automatically entitled to compensation.

Are There Exceptions To the No-Fault System?

Although New Jersey is a no-fault state, there are exceptions to the system. With quite a lot of money at stake, the insurance companies and employers frequently dispute the claim for workers’ compensation. If an employer can prove that an employee’s injury was not work-related, there are some exceptions to no-fault:

• The accident or injury was self-inflicted and resulted in death
• The accident or injury was a result of the use of controlled substances or alcohol
• The accident or injury was a result of refusal to wear protective gear provided by the employer

What if the Injury or Accident Happens When Working at a Different Location?

When your job requires travel for work reasons, and you suffer injuries in a car accident, the medical costs and disability qualify through no-fault work injuries. This qualification includes traveling to another location for a work obligation or event. It also includes traveling in a company-owned or leased car and being involved in a car accident.

How Do You Report a Work-Related Accident or Injury?

You should notify your employer as soon as possible when you have an accident or injury while on the clock. If you do not give your employer notice, you will not be eligible for workers’ compensation benefits. You have two years from the date of injury to file a workers’ compensation claim.

After the notice, your employer’s insurance company will begin an investigation to see if you are entitled to compensation. Should your employer dispute the claim, you will want immediate legal advice to proceed with your claim accordingly.

The Legal Help You Need

Getting hurt on the job is stressful but navigating the medical expenses, loss of wages, and other arising issues causes even more anxiety and uncertainty. Choose Simon, Sarver, Swetz & Jachts to help you receive the financial and other benefits you need for no-fault work injuries.

The best legal representation is no accident. At Simon, Sarver, Swetz & Jachts, we are available at any time of day. Contact us at (973)834-7252 for a free initial consultation. We are here to discuss your rights as an employee and help you through your legal journey.