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How is worker's compensation defined under New Jersey Law?


When an employee or a worker suffers a work related injury, the employer may be held liable for worker's compensation. Under New Jersey law, a work related injury is defined as an injury caused during the course of authorized work. Thus, an injury caused at the workplace or during the course of carrying out a job outside the premises of the workplace may fall under the purview of work related injuries.

In most cases, worker's compensation serves as an insurance based on "no-fault" policy. In cases where the workplace is found to be inherently dangerous due to the nature of work or the product being manufactured, employers may be held liable for such injuries. If a worker suffers job-related injuries, the worker may be entitled to workers' compensation, including medical benefits, temporary benefits as well as partial or total permanent benefits, depending on the nature of the job and the injury suffered. Under New Jersey law, in most cases the injured worker is entitled to benefits regardless of the fault assessed by either party.

If there is a dispute between the employer and their worker, the employer may approach the Division of Worker's Compensation. Upon the advice of legal professionals, the worker can file for informal hearings as well as file a petition. Most disputes arise out of the definition of whether the injury was job related or not. While in cases of absolute liability of the employer the worker may have an easy case at hand, in most cases the job description has to be worked out with the authorities.

New Jersey law dictates that all employers not already covered under federal programs have to mandatorily have worker's compensation insurance approved in order to achieve self-insurance. The special compensation fund however can be approached for an uninsured employer.

Source: State.NJ.us, "Injured Workers," accessed on Sept. 4, 2014

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