After you have been injured on the job, your thoughts may turn to how you will pay your bills. The last thing you want to do is have to explain what happened to cause the accident and show that it was not your fault. The good news is that your eligibility for workers’ compensation does not depend on negligence. You are not disqualified from payments because you may have done something wrong. However, there are circumstances in which that rule is not absolute.
Employers are legally obligated to provide workers’ compensation coverage for their employees. The policy must pay benefits as long as employees establish that they suffered a work-related injury. The employee loses the right to sue their employer in return, but they can qualify for additional benefits in certain circumstances, even when partially to blame for the accident.
In many circumstances, what happened to cause the accident may not even be an issue. The main points of disagreement would be whether you have been injured in the first place and whether your injury was work-related.
Exceptions to the No-Fault System for Workers’ Compensation
There are exceptions to New Jersey’s no-fault workers’ compensation rules. If your injury resulted from your deliberate failure to use personal protective equipment (PPE) that your employer made available to you, and the employer has issued warnings, they may deny your benefits. In addition, other grounds for possible denial of benefits include:
- Horseplay between employees
- Intoxication or the use of controlled substances on the job
- The injury was self-inflicted
You Can Appeal When You Are Wrongfully Denied Benefits
You should not underestimate the ability of an employer or an insurance company to make your claim more difficult. To be safe, you should hire an attorney for your workers’ compensation claim. If your claim has been denied because the insurance company blames you, hire a lawyer immediately to handle your appeal. They would need to compile evidence that shows what happened to cause the accident. They may seek statements and testimony from co-workers who saw the accident and know that you did not fall under one of the exceptions to the no-fault policy in New Jersey workers’ compensation law.
Contact Our Monmouth County Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams for Help With a Denied Claim
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
