Can You Get Workers’ Comp Benefits If You Cause Your Own Injuries?
In New Jersey, to qualify for workers’ compensation benefits, you need to show two things: (1) that you were injured and (2) that the injury happened during the course of your employment. You need not show who caused the injury nor prove that your employer or coworker acted negligently. But what if you caused the accident, in whole or in part? Are you still eligible for workers’ comp benefits?
Workers’ Compensation—Primarily a No-Fault System
In most personal injury claims, the principle of comparative fault applies, which means a monetary award you receive can be reduced to the degree you were at fault for causing the accident. That’s not the case with a workers’ compensation claim. With limited exceptions, workers’ compensation benefits are payable without regard to fault, which means that, even if your carelessness contributed to causing the accident, you’ll still qualify for benefits.
There are, however, some exceptions to this rule:
- Workers may not collect workers’ compensation benefits for injuries that are solely and intentionally self-inflicted; and
- Workers may not recover workers’ comp benefits for injuries sustained in an accident if the worker was intoxicated, or under the influence of drugs, at the time of the accident and the worker’s impairment was the sole cause of the accident.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
