Can You Still File a Workers’ Comp Claim If the Work Accident Was Your Fault?

If you were injured on the job and think the accident was your fault, you might assume you’re not eligible for workers’ compensation. But in New Jersey, the system is designed to protect injured workers — even when they make mistakes. At Pellettieri Rabstein & Altman, we’ve helped countless employees recover benefits after workplace accidents, regardless of fault.

We have assisted numerous New Jersey workers in obtaining benefits after workplace injuries despite their lack of fault in the incidents. Here’s what you need to know. The workers’ compensation system of New Jersey functions as a no-fault system for all injured employees.

The workers’ compensation system of New Jersey provides benefits to injured workers regardless of any fault that may have contributed to their work-related accidents. Under the system, you do not need to prove fault from your employer or coworkers. The benefits eligibility remains unaffected even if you made a mistake that led to the accident, such as slipping, tripping, or mishandling equipment.

What does “no-fault” really mean?

Whether you:

Failed to follow a safety protocol
Misused a tool
Were distracted at the time of the accident

…you’re still likely eligible for benefits, as long as:

The accident occurred while performing job duties, and
You weren’t engaged in illegal or clearly prohibited conduct

When Fault Does Matter

Fault plays a limited role in determining compensation for New Jersey work accidents.

New Jersey workers’ compensation law provides broad protection to injured workers, but there are specific circumstances that could result in benefit reduction or denial:

1. Intoxication or Drug Use

Your workers’ compensation claim becomes ineligible if you were intoxicated or under the influence of drugs at the time of the accident, if those substances caused your injuries.

2. Horseplay or Misconduct

If you were engaging in horseplay, fighting, or intentionally unsafe behavior not related to your job duties, the workers’ compensation insurance carrier may argue that your injuries are not compensable.

3. Intentional Self-Harm

Self-inflicted injuries, along with suicide attempts, will not receive coverage through workers’ compensation benefits.

Even in these situations, the insurance company must prove that the exception applies. After receiving a denial from the insurance company, you should speak with an experienced workers’ compensation attorney who can assess your case.

What Benefits Are You Entitled To?

All New Jersey workers who suffer job-related injuries can receive multiple types of benefits through the state’s workers’ compensation program. These include:

Medical Treatment

Workers’ compensation provides all necessary and reasonable medical care, which includes doctor visits, hospital stays, surgery, medication, and rehabilitation for your injury. The insurance company of your employer selects the doctor who will provide treatment.

Temporary Disability Benefits

After your work injury prevents you from working more than seven days, you will receive temporary disability benefits, which amount to 70% of your average weekly wage with a statewide maximum limit.

Permanent Partial or Total Disability

Permanent impairment from your workplace injury, whether partial or complete, allows you to receive extra compensation. The disability awards depend on both the nature and level of disability.

Death Benefits

When an employee dies from a workplace injury, the state provides weekly death benefits, together with reimbursement for funeral costs to their surviving dependents.

Real-World Examples of At-Fault Workers Who Still Qualified

The following actual cases illustrate how workers who caused their accidents still received compensation benefits:

A delivery driver who tripped over a curb while looking at their phone: Approved for Benefits.
A warehouse worker who failed to wear gloves and suffered a chemical burn: Covered.
A construction worker who used the wrong ladder and fell: Covered.

The injury must have occurred while performing work duties for the employment relationship to be valid and fault to be irrelevant. Guilt should not prevent you from submitting your claim application.

Many injured workers in New Jersey incorrectly believe they cannot receive benefits because they think the accident was their responsibility. They might worry about their employer taking negative actions against them while simultaneously believing they do not deserve benefits.

Workers receive protection through New Jersey laws, which exist to safeguard employees instead of penalizing them for accidental mistakes.

The following negative outcomes can result from delayed reporting of injuries and choosing not to submit a claim:

Unpaid medical bill
Loss of wages
Long-term disability without support

What If Your Employer Says It Was Your Fault?

Employers and their insurance companies often try to use fault to intimidate workers. Workers face the implication that their benefits will be denied because of mistakes they made. According to New Jersey law, you remain eligible for benefits regardless of the circumstances.

Workers’ Compensation Disability Benefits

The workers’ compensation benefits denial will not stop PR&A Law from assisting you through:

A formal claim petition will be filed with the Division of Workers’ Compensation.
A hearing before a workers’ compensation judge will be scheduled.
You will receive legal representation to contest the denial while pursuing all your entitled benefits.

Can You Sue Your Employer for the Accident?

When Third-Party Lawsuits Are an Option

Generally, no. Workers’ compensation benefits provide your exclusive legal remedy to pursue claims against your employer for workplace accidents, regardless of their role in the accident. However, there are some exceptions:

The following situation permits personal injury lawsuits against third parties:

A contractor, together with equipment manufacturers and property owners, caused the accident.
When your employer shows deliberate behavior or shows extreme negligence, you can pursue a separate action.

The law firm PR&A Law will help you pursue both workers’ compensation benefits and a third-party lawsuit to obtain the best possible compensation.

How PR&A Law Helps Injured New Jersey Workers

Since 1932, PR&A Law has protected the rights of New Jersey workers through its experienced attorneys who specialize in workers’ compensation cases. Our expertise includes:

We prove the connection between your work injury.
We guide clients through the process of handling delayed applications as well as denials and appeals.
Your medical expenses will receive proper coverage at the correct time.
Your disability benefits will be maximized.

Our firm supports clients in obtaining settlements as well as reopening claims whenever your condition shows signs of deterioration. Your right to workers’ compensation benefits remains intact regardless of whether you caused the accident.

Workplace accidents trigger workers’ compensation benefits regardless of employee responsibility. You should avoid letting shame or incorrect information stop you from obtaining necessary help. Our attorneys at PR&A Law will defend your rights while leading you through every stage of the process.

Please contact us immediately at (609) 520-0900 or use our online free consultation form to speak with a seasoned New Jersey workers’ compensation lawyer.

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