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Does it matter who is at fault in New Jersey work accidents?


An accident just happened at work. What does one do first? Navigating the aftermath of a New Jersey work accident can be incredibly confusing. The injured party has to recover, figure out workers' compensation and determine a way to pay their bills while they are recuperating. It can all be overwhelming, especially if one is also coping with physical pain from the accident.

One of the main questions and concerns that work accident victims have is whether it matters if the accident was their own fault. Of course, if an accident was clearly the fault of the party in question, it might result in disciplinary action at work unrelated to worker's compensation, but that all tends to depend on the unique circumstances of each incident as well as the particular policies of the employer.

When it comes to workers' comp in New Jersey, though, benefits are not affected by whether the accident was the fault of the injured party. According to the State of New Jersey Department of the Treasury, worker's compensation is meant to ensure that workers injured on the job can receive benefits without regard to fault. This means that both workplace injuries and workplace deaths can entail benefits regardless of who was at fault in the incident.

If a worker injured on the job is pressured by his or her employer to "prove" the accident was not their fault in order to receive benefits, the worker may want to speak to an attorney. It can be difficult to ascertain one's legal rights in the face of both an unexpected injury as well as the confusion of workers' compensation. An experienced workplace injuries attorney can assist a worker in getting back to work quickly and safely.

Source: State of New Jersey Department of the Treasury, "Workers Compensation," accessed Oct. 31, 2016

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