If you’ve been injured on the job in New Jersey, you might wonder if your workers' compensation claim could be denied because you knew your job was risky. After all, some jobs are more dangerous than others, and many workers accept those risks as part of their job duties. But does knowing about the dangers mean that you can’t get workers’ compensation when something goes wrong?
In New Jersey, the short answer is: no, your claim cannot be denied just because you knew your job was dangerous. However, as with many legal matters, there are exceptions and specific circumstances that could affect your case. Below, JFM Law breaks down how workers' compensation works in New Jersey and how it applies to risky jobs.
Workers' Compensation Lawyer in New Jersey
Injured on the job in New Jersey? You don’t have to go through this alone. Employers and insurance companies may delay or deny the benefits you deserve. The workers’ comp lawyers at JFM Law are here to support you every step of the way, helping you pursue the benefits that can make a real difference in your recovery and financial well-being. If you’ve been hurt at work, reach out to us for a free consultation. Call (732) 333-6621 or contact us online. With offices in Freehold, Toms River, and New Brunswick, we’re ready to serve injured workers across the state.
Workers' Compensation in New Jersey
Workers' compensation is a system designed to help employees who are injured or get sick because of their job. It provides benefits such as medical treatment, temporary or permanent disability payments, and compensation for lost wages while you recover.
Most employers are required to provide workers' compensation insurance for their employees (NJ Statutes § 34:15-71). This means that if you get hurt on the job, you should be covered by your employer’s insurance.
Workers' compensation is also a “no-fault” system, which means that you don’t need to prove that your employer was negligent or did something wrong to cause your injury. As long as your injury happened while you were doing your job, you’re usually entitled to workers' comp benefits.
Knowing the Risks: Does It Affect Your Claim?
You might think that because you understood your job was risky, you could be held responsible for your injury. However, New Jersey law states that workers are entitled to compensation for work-related injuries, regardless of whether they were aware of the risks involved in their job.
Under NJ Statutes § 34:15-2, the law eliminates certain defenses that employers might try to use to deny workers' compensation claims. Specifically, your employer cannot deny your claim based on the argument that you “assumed the risk” of your job. This means that just because you knew the job was dangerous doesn’t mean you’re responsible for the injury or that your employer is off the hook.
Additionally, the law also removes the defense that another employee’s negligence caused your injury. Whether it was your coworker’s fault or not, you’re still entitled to receive workers' comp benefits for your injury.
When Can Your Workers' Compensation Claim Be Denied?
While the law protects your right to compensation even if you knew the job was risky, there are still certain situations where your claim could be denied. Let’s take a look at some of these circumstances.
Willful Negligence
If you were injured because of your own “willful negligence,” your workers' compensation claim could be denied. According to NJ Statutes § 34:15-1, willful negligence includes things like deliberately ignoring safety rules or engaging in reckless behavior. For example, if you were injured because you ignored clear safety procedures that you were required to follow, your claim might be denied. However, whether you were willfully negligent is considered a question of fact, meaning it’s something that needs to be decided by a jury or a judge, based on the evidence.
Intoxication or Drug Use
Another reason your claim could be denied is if your injury was caused by intoxication or the unlawful use of controlled substances. NJ Statutes § 34:15-36 states that if intoxication or drug use is the proximate cause of the injury, your claim can be denied.
Intentional Self-Injury
If you purposely hurt yourself, this would be considered intentional self-injury, and under NJ Statutes § 34:15-7, compensation is not available for injuries that are intentionally self-inflicted.
Failure to Use Required Safety Equipment
In some cases, if you fail to use safety equipment that your employer provided and required you to use, your claim could be denied. However, this only applies if your employer can prove that the safety equipment was provided, required, and that you ignored repeated warnings to use it. Under NJ Statutes § 34:15-7, the burden of proving this falls on the employer. If your injury was caused because of a failure to use safety equipment, but it was an emergency and there wasn’t time to use the equipment, the law may still allow you to collect compensation.
What if You Were Hurt While Engaging in Horseplay?
Horseplay is another situation that might come into play if you’re hurt at work. If you’re injured because of horseplay—such as fooling around with coworkers during work hours—your claim could potentially be denied. However, the law is clear that if you were injured because of horseplay caused by another employee, and you weren’t involved in it, you may still be entitled to benefits (NJ Statutes § 34:15-7.1). If someone else’s goofing off resulted in your injury, you should still be able to file a claim and get compensated.
What Counts as “In the Course of Employment”
Workers' compensation only applies to injuries that occur “in the course of employment,” but what does that mean?
Under NJ Statutes § 34:15-36, employment is considered to begin when you arrive at your place of work and ends when you leave. However, if your job requires you to travel, or if you’re using a company vehicle, your employment includes the time spent traveling for work-related tasks.
There are also special rules for situations like ridesharing and employer-provided parking. If your employer designates a parking area for you to use, your employment starts when you arrive at that parking lot and ends when you leave it at the end of your shift.
Can Your Employer Deny Your Claim if You Didn’t Follow Proper Procedures?
Employers might try to deny your claim by arguing that you didn’t follow proper safety procedures or report your injury in time. While it’s true that you need to report your injury to your employer as soon as possible, failing to follow every rule perfectly doesn’t necessarily mean your claim will be denied.
Under NJ Statutes § 34:15-15, you must report your injury within 90 days. If you don’t, your claim could be denied. However, there are exceptions if you couldn’t report it due to the nature of the injury or circumstances beyond your control.
What Happens if a Third Party Is Involved?
If someone other than your employer is responsible for your injury—such as a contractor or another company—you may have a claim against that third party. Under NJ Statutes § 34:15-40, you can file a workers' compensation claim with your employer and also sue the third party for damages.
How a Workers' Compensation Lawyer Can Help You
- Understanding Your Rights: Workers' compensation laws are complicated. A lawyer will help you understand your rights under New Jersey law and ensure that you’re treated fairly.
- Filing Your Claim Correctly: Mistakes in filing your workers' compensation claim can delay your benefits or result in a denial. A lawyer will help you file your claim properly, so you don’t have to worry about missing deadlines or leaving out important details.
- Dealing with Denied Claims: If your claim has been denied, a lawyer can help you appeal the decision. They’ll gather the necessary evidence and represent you during hearings to get your claim approved.
- Maximizing Your Benefits: Workers' compensation laws allow you to receive benefits for medical treatment, lost wages, and even permanent disability if your injury is serious enough. A lawyer will make sure you get all the benefits you’re entitled to, including compensation for any permanent injuries.
- Handling Third-Party Claims: If someone else caused your injury, a lawyer can help you file a claim against that third party in addition to your workers' compensation claim. This can help you recover additional compensation beyond what workers' comp provides.
- Protecting You from Retaliation: If you’re worried that your employer might retaliate against you for filing a workers' compensation claim, a lawyer can help protect your rights. New Jersey law prohibits employers from firing or punishing workers who file valid claims, and a lawyer can make sure your rights are upheld.
Frequently Asked Questions
Can I get workers' compensation for dangerous or risky jobs?
Yes, in New Jersey, you can still receive compensation even if you knew the job was dangerous.
What is workers' compensation?
It provides medical treatment, lost wages, and disability benefits for employees injured or sick from work-related activities.
Can my claim be denied if I didn’t use safety equipment?
Yes, if you ignored required safety equipment and warnings, your claim could be denied.
Can I get workers' compensation if I was injured while traveling for work?
Yes, if you were traveling for work-related tasks, you’re covered under New Jersey workers' compensation laws.
Can my employer deny my claim if I didn’t report my injury immediately?
You must report your injury within 90 days, but exceptions may apply for certain circumstances.
Does workers' compensation cover injuries caused by coworkers' negligence?
Yes, New Jersey law covers you even if your injury was caused by a coworker’s negligence.
What if I was injured due to horseplay?
If you were not involved in the horseplay and got injured, you are still entitled to benefits.
Can I file a claim if intoxication caused my injury?
No, if your injury was caused by intoxication or drug use, your claim can be denied.
Can I sue a third party responsible for my injury?
Yes, you can file a workers' compensation claim and also sue a third party for damages.
What happens if my injury was self-inflicted?
Intentional self-injury is not covered by New Jersey workers' compensation laws.
Speak to a Workers' Comp Attorney Today
If you’re injured at work in New Jersey, you have the right to file a workers' compensation claim, even if you knew your job was risky. While there are a few situations where your claim might be denied—such as willful negligence or intoxication—the law is designed to protect workers like you.
If you’ve been hurt at work, it’s important to know you’re not alone in this process. Whether you’re facing a denied claim or just starting out, JFM Law can help you make sense of it all. From medical care to wage replacement, our workers’ comp lawyers are ready to stand by your side and help you secure the benefits you need and deserve. Call (732) 333-6621 today or contact us online to learn more about your rights and options.