In New Jersey, a worker who is injured on the job is entitled to worker’s compensation benefits irregardless of fault or cause. Benefits are payable to the worker even if he caused the accident.
Workers’ Compensation is a statutory method of providing benefits to employees for injuries or occupational diseases that arise out of and in the course of the employee’s work for the employer. The New Jersey Workers’ Compensation Act provides certain remedies to the injured worker and his/her dependents (in the case of death). These benefits are ordinarily payable to the injured worker or his dependents regardless of the “worker’s fault” in causing or contributing to the accident. The Act also generally provides an exclusive remedy to the employee. Therefore, an injured worker generally cannot sue the employer for the work injury. His/her only remedy would be workers compensation.
The Workers’ Compensation Act provides three basic benefits to an injured worker:
- Hospital and medical treatment
- Temporary disability benefits
- Permanency award (when applicable)
Prior to receiving these benefits, the injured employee must notify the employer of his/her work-related accident. This very brief overview only touches the surface of workers’ compensation law. To discuss workers compensation in depth, contact our experienced lawyers today. We will answer all of your workers’ compensation questions during your free consultation.
Please read our Worker’s Compensation Newsletter for more informative information.