New Jersey is a no-fault state for workers’ compensation. This means that you can receive workers’ compensation benefits regardless of who was at fault for your injury. Generally, even if you were at fault for the accident, you are still entitled to benefits. To the contrary, if your employer was at fault, you cannot sue them for negligence. Workers’ compensation is the only recourse an injured worker has for a work-related injury.
An injured employee is entitled to:
- Payment of all reasonable and necessary medical bills
- Payment of temporary disability benefits if out of work for more than one week
- Payment for any permanency related to the injury
This no-fault system was designed to compensate an injured employee for that employee’s inability to work, rather than for the injury itself. In exchange for these benefits, an injured worker cannot bring a civil action against the employer for pain and suffering or other damages.
Exceptions to the No-Fault Workers Compensation Rule
There are a few rare exceptions to this rule. If an employee is injured as the result of an intentional act of their employer, a personal injury lawsuit may be filed in Superior Court against that employer. Further, when a third-party is partially or entirely at fault for your injuries, a negligence claim may be brought against that third-party seeking compensation for pain and suffering as well as other damages.
About RAM Law
RAM Law represents all of Central Jersey in personal injury cases and is staffed by experienced accident and injury attorneys. We provide legal help for victims of slip and fall accidents, medical malpractice, workplace injuries, truck and car accidents, and other personal injuries. Call (732) 247-3600 to discuss your case and set up a free consultation at our New Brunswick or Somerville law offices.