You may be hesitant to file a workers’ compensation claim if you were partially at fault for a workplace accident because you think it automatically disqualifies you from benefits. However, it’s not always the case. Workers’ compensation is designed to protect employees who get hurt on the job without pointing fingers.
This means you may still be eligible for workers’ compensation benefits despite your role in the accident. You are not even required to prove who was at fault or demonstrate your degree of responsibility. Instead, the focus is primarily on whether the accident occurred while you were performing your job duties.
There are some exceptions
While blame is not part of the equation in workers’ compensation cases, there are limits to this. For instance, if you were under the influence of drugs or alcohol in the lead-up to the accident, your claim could be denied. Similarly, if you intentionally caused your injuries, like punching a wall in frustration, or failed to take reasonable safety measures, you might not be covered.
It’s worth noting that proving these exceptions is on your employer. As such, your employer cannot simply claim you were intoxicated or reckless just to deny your claim. They must provide evidence that clearly supports their allegations.
Take informed action to protect your interests
Even though fault won’t necessarily block a workers’ compensation claim, insurance companies may still try to deny or delay your benefits. That’s why you should report the accident as soon as possible, get urgent medical care and document what happened.
Most importantly, consider working with someone well-versed in New Jersey’s workers’ compensation law to help you present a strong case and respond effectively to any hurdles you may encounter along the way.