Can I collect workers' comp even if I was at fault for my injury?

Can I collect workers' comp even if I was at fault for my injury?

If you were to suffer a serious injury at work that left you unable to work for a considerable amount of time, would you think to file a request for compensation that would cover lost wages and medical expenses? If you're like most people across New Jersey and the entire nation, you probably answered yes.

That's because many people believe in holding people accountable for their actions. If someone else's negligence affects someone else, then restitution should be paid, especially if the negligence caused damages and a financial burden to occur. This is typically the foundation for most personal injury claims, including workers' compensation claims.

But if you're also like a lot of other people, you might hesitate to file an injury claim if you feel even the slightest at fault for your injuries. This happens because of laws in some states that determine eligibility for compensation based on who was at fault. If the victim is found to have played a significant role in their own injuries, then compensation may be denied.

We should point out, though, that this is not the case here in New Jersey. In regards to workers' compensation claims, we are a "no fault" state, meaning injured workers have the right to benefits "regardless of who was at fault," explains the New Jersey Department of Labor and Workforce Development.

Remember: the sooner you file a workers' compensation claim after discovering a work-related injury, the better. This is because the sooner you file a claim, the more complete the evidence is likely to be. You also have a likelier chance of getting approved, which means you can receive benefits sooner as well.

Categories: