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Can I Receive Workers’ Comp if My Injury Was Completely My Fault?

Posted on behalf of Lynch Law Firm on Feb 24, 2020  in Workers' Compensation News

workers comp if at fault for injuryMany New Jersey workers have questions when it comes to the state’s workers’ compensation system. One pressing question is if a worker is eligible for workers’ compensation if the worker caused his or her own injuries in an accident.

The workers’ compensation attorneys of Lynch Law Firm further explain eligibility for benefits if you are at fault for your injuries. Request a free, no-obligation consultation to learn more about your legal options.

Workers’ Comp is a No-Fault Program

New Jersey is a no-fault workers’ compensation state, which means you may still be able to obtain benefits regardless if you were at fault for your injuries. These workers’ compensation benefits could include:

  • Medical benefits covering the cost of medical treatment for your workplace injury. Benefits may include coverage for hospitalization, surgery, physical therapy, prescription medications and other treatments deemed necessary to your recovery.
  • Temporary total disability benefits that pay 70 percent of the average weekly pay you made prior to your injury, if you must miss more than seven days of work due to your injury. These benefits continue until the point where you can return to work, or a workers’ compensation doctor states maximum medical improvement has been reached.
  • Permanent partial disability benefits are payable once your claim has been settled if your workplace injury results in permanent disability, yet you are able to perform some type of work. These benefits cover the loss of function sustained due to your injury.

If a worker is killed on the job, even if the incident was the worker’s fault, workers’ compensation pays death benefits to certain dependents. Funeral benefits up to $3,500 are also paid.

Assaults in the Workplace

If you are assaulted at work, you may be eligible for workers’ compensation benefits. Your eligibility for benefits depends on the details of the dispute. If the assault stems from an employment relationship, injuries sustained due to assault in the workplace may be compensated under workers’ comp.

If an assault arises due to a personal relationship with another worker, assault injuries typically are not covered by workers’ compensation. You must show that your injury arose out of and occurred in the scope of your employment. However, the injured party may be able to pursue a personal injury lawsuit against the at fault party to recover compensation for damages related to the injury.

Injuries that arise due to horseplay in the workplace may be covered by workers’ compensation if the injured employee did not instigate or participate in horseplay. If horseplay is considered part of the nature of employment, those involved may have their injuries covered by workers’ compensation if the incident did not deviate from the nature of employment.

Injuries During Work Breaks

If you are injured while on a break from work, your injuries may or may not be covered under workers’ compensation. For breaktime injuries to be covered, they typically must have occurred on company grounds or were otherwise connected to the victim’s employment. This may include:

  • Injuries that occur in the company cafeteria or elsewhere on the company’s property
  • Injuries that occur at a restaurant while out to lunch with a client
  • Injuries that occur at events sponsored by work

Our Lawyers Are Ready to Help

If you sustained a workplace injury, our New Jersey workers’ compensation lawyers are here to help determine if you are eligible to receive workers’ compensation benefits. Schedule a free consultation to learn what legal rights you have and if you may be able to pursue compensation for your injuries.

If you choose to work with our firm, there are no upfront fees. You only pay us if we are successful in recovering compensation on your behalf.

Contact our office today by calling (800) 518-0508 to get started.

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