Do I Have to Prove My Employer Was at Fault?
If you were injured at work, you are covered by workers’ compensation under most circumstances. Because workers’ compensation is a no-fault system, you won’t need to prove that your employer was at fault for the losses you’ve suffered. Workers’ compensation claims, however, are legally challenging, and it is always to your advantage to have an experienced workers’ compensation attorney at Matarazzo & Lubcher in Wildwood, NJ, backing you up.
Workers’ Compensation Is No-Fault
Workers’ compensation is designed specifically to be no-fault, which means that claimants are not required to prove that their employers’ negligence caused them to be harmed. Further, when an employee bears some responsibility for their work-related injuries, they are not barred from pursuing workers’ compensation benefits.
The idea is balancing employees’ rights with employers’ responsibilities, which is the basis of workers’ comp. If you were injured in the course of your work, you can seek the compensation that you deserve in a workers’ compensation claim. While there are wide-ranging legal complications that apply to such claims, proving fault is not one of them.
Exceptions to the Rule
Employees who are injured on the job can usually bring workers’ compensation claims that needn’t address fault on the part of their employers. Only when an extraordinary factor like the following applies are employees denied this right:
- The employee’s own willful misconduct, such as violating a safety policy or getting into a physical fight, caused them to be injured
- An employee purposefully injured himself
- The employee was injured outside the scope of their employment
Errands performed in the service of one’s job, as well as some work-related social events, however, are not off limits when it comes to workers’ compensation claims.
When Your Employer’s Fault Can Come into Play
Workers’ compensation is considered an exclusive remedy, meaning employees give up the right to sue their employers for on-the-job injuries. There are only minimal exceptions to this rule.
Intentional Wrongdoing
If your employer intentionally caused you to be harmed or engaged in some practice that was certain to cause harm, you can file a personal injury lawsuit against them. In such a case, however, you need to prove their fault in the matter.
Failure to Carry Workers’ Compensation Coverage
Employers in New Jersey are required to carry workers’ compensation insurance for their employees or obtain approval to self-insure. Failure to do so leaves your employer vulnerable to a personal injury lawsuit if you are injured on the job as a result of their negligence, which you’d need to prove.
Consult with Experienced Workers’ Compensation Lawyers
The focused Wildwood workers’ compensation attorneys at Matarazzo & Lubcher dedicate our imposing practice to fiercely advocating for our clients’ best possible claim resolutions. To learn more about how we can help, contact us online or call today.