Can I claim workers’ compensation if the accident was my fault?

On Behalf of | Apr 21, 2021 | Workers' Compensation

When working for someone else, there is always the worry you do something that will upset them and lose your job. It could lead you to hide incidents from your boss. If you try to hide an event that injures you, the consequences could be far worse than you fear.

You do not need to show fault to claim workers’ compensation

Workers’ compensation is a no-fault insurance. New Jersey requires most employers to hold it. It usually still covers you even if it the accident was your fault, although there may be exceptions. A possible reason an insurer could deny your claim is if you were engaged in misconduct at the time. For example, if you worked at a fireworks factory, broke into the storeroom, stole fireworks and set them off, injuring yourself in the process. Claiming for your injuries may be challenging in this case.

To claim for a workplace injury, you need to report it on time. In New Jersey, you only have 14 days to report a workplace accident to your employer. You must also file your claim within the stipulated limits. However worried you are about losing your job, losing your right to claim because you miss the deadlines could prove far more expensive.

You can find more information here about how to claim worker’s compensation benefits. If you are unsure about whether your conduct invalidates your right to claim, seek legal help. If the insurer denies your claim, there are ways to challenge their decision. If an employer takes action against you because of the incident, they need to be careful. They cannot penalize you for claiming against the insurance.