Understanding Grey Areas In NJ Workers’ Comp Claims

The New Jersey Workers’ Compensation law has been providing income and benefits since 1911. If you’re a worker in the state and you’re injured or become sick on the job, you may be entitled to workers’ comp.

New Jersey’s compensation works a little differently to some other states, though.

New Jersey Workers’ Compensation

New Jersey certainly has some very specific and unique guidelines for its workers’ comp system. For instance, it doesn’t matter what size an organization is, all employers must carry workers’ compensation insurance. In other states, there’s a requirement of a minimum number of employees.

New Jersey’s labor law takes a lot of influence from the struggles workers endured during the first part of the twentieth century. So, in 1911, the New Jersey Workers’ Compensation Act was created to help employees recover lost wages and medical bills related to workplace injuries.

Who Can Claim Workers’ Comp in New Jersey?

Anybody in the state who is employed by a company in New Jersey is entitled to workers’ compensation. This goes for both part-time and full-time workers, no matter how big or small a company is and no matter how long you’ve been working there.

In other words, you’re suitably protected by workers’ compensation from the day you start working.

There are a few grey areas, though, particularly when it comes to independent contractors. These workers never used to be eligible for workers’ comp coverage, but even if you’re classified as an independent contractor, the state of New Jersey may qualify you as an employee.

What You Need to Know About No-Fault Workers’ Comp

With no-fault workers’ compensation, you may be eligible for benefits, even if you caused the injury. This differs from other types of insurance where the insured party doesn’t have to pay out if you are at fault.

Thanks to no-fault workers’ comp laws in New Jersey, you could make a rather big mistake and still receive benefits. You won’t be penalized for doing something wrong unless you’re found to be under the influence of drugs or alcohol. Another exception is if you’re found to have injured yourself deliberately in an attempt to collect benefits.

What’s more, all the benefits through no-fault workers’ compensation are paid to you through the insurance coverage. This means you cannot take legal action against your employer. Of course, there are exceptions.

One exception to the rule is if you genuinely think your employer intentionally put you at risk or hurt you. In such cases, it pays to have an experienced NJ workers’ compensation attorney on your side to help you build your case.

Not All Workplace Injuries Are Eligible for Compensation

While most workplace injuries and accidents are eligible for New Jersey workers’ compensation, there are a couple of instances that might make you ineligible for cover. These include intentional injuries and self-inflicted harm, as well as injuries you sustain while trying to harm another employee. Deliberate violations of safety rules also make you ineligible for compensation.

Qualifying for Workers’ Compensation Cover

In New Jersey, workers must be unable to work for seven days before qualifying for compensation. This waiting period starts the very first day you’re unable to continue work due to the workplace illness or injury. It also includes holidays and weekends.

Once you’re absent from work for 7 consecutive days due to the injury, your payments are retroactive to day one.

New Jersey’s workers’ compensation system is a complex one, and it’s easy to get confused by grey areas. An experienced attorney can help you claim compensation while you concentrate on your recovery.

Book a consultation at Malamut & Associates, LLC today.