No Fault Workers’ Compensation in New Jersey

The New Jersey Workers’ Compensation Act was developed to address the inefficiency and inequity associated with common law remedies for a worker injured on the job.  Prior to the enactment of the Workers’ Compensation Act, an injured worker was required to prove negligence on the part of his employer in order to recover benefits.  The process was costly and time consuming for both the injured employee and the employer. Know that your income could affect all this and it is better to seek legal help.

 Subsequent to enactment, all an injured worker must prove is that he sustained injuries that arose out of and in the course of his employment.  The issue of “fault” is not taken into consideration when determining whether an injury is compensable (with the exception of intentionally causing one’s self harm). 

 As such, a worker who is injured on the job can recover certain benefits regardless of who was at fault for the accident.  Those benefits include:

• Free Medical Treatment;
• Temporary Disability Benefits While Placed Out of Work by a Physician;
• Permanent Partial Disability Benefits for Residual Accident Related Disability; And
• Permanent Total Disability Benefits if the Employee Cannot Return to the Workforce.

 The first step toward receiving the above benefits is for the injured employee to notify his/her employer of the accident and need for medical treatment.  Without notice, an employer or its workers’ compensation insurance carrier has no obligation to provide benefits. 

 The second thing you should do is contact an experienced attorney from a workers comp law firm who can fight to ensure you receive the maximum amount of workers’ compensation benefits allowed under the statute. 

 The attorneys at Hyberg, White & Mann have over 30-years of experience handling workers’ compensation claims and will fight to make sure you receive every dollar you are entitled to.  If you have been injured on the job, call 609-407-1000 today to get the representation you deserve.