Understanding New Jersey’s No Fault System

Focus of worker having a backache in a warehouse

New Jersey is a state that follows no fault laws pertaining to workers’ compensation. If you are located in the state and have gotten injured or ill while on the job, you have the right to claim workers’ comp benefits. The reason for workers compensation insurance being available in the workplace is to protect the employer and employees.

As New Jersey’s workers’ comp system is considered no fault, it means that if you are injured or become ill while working, you are able to file a claim for benefits no matter what the situation. Specifically, you do not have to prove that the employer or a coworker was at fault for your condition. Workers’ compensation is in place as a means to protect the employer from potential lawsuits and employees by providing necessary compensation for treatment and the inability to work.

As an injured or ill worker who has suffered your injury or illness on the job, you have a right to file for workers’ compensation and do not have to name anyone who is at fault. Additionally, you are able to file your claim even if you inadvertently caused your injury. Generally speaking, the only requirement on your part is to file your workers’ comp claim within a timely manner.

Accidents that are appropriate for filing for workers’ compensation include the following:

  • Tripping and falling on the floor or stairs
  • Suffering injury after lifting or moving heavy objects
  • Suffering injuries after a vehicle accident
  • Suffering injury while working with heavy machinery, tools or other equipment

Of course, there are certain accidents that do not qualify you to claim workers’ comp benefits. They include the following:

  • Horseplay
  • Alcohol or drug impairment
  • Injuries suffered beyond the scope of employment

Even though you are able to file a claim if you caused your injury, whether your claim is approved depends on the specific circumstances surrounding the situation.

If you have been injured at work and are in New Jersey, you need an experienced Elizabeth NJ workers compensation lawyer. That’s where Ashton E. Thomas comes in. If you are looking for workers compensation lawyers NJ has the one you need. Contact Ashton E. Thomas immediately to discuss your case with a skilled Elizabeth workers comp attorney.