If you’ve been injured at work in New Jersey, you might be wondering, "Do I have to accept workers' compensation?" It's an important question, especially if you're trying to figure out the best way to move forward. Understanding your rights and options under New Jersey’s workers’ compensation laws can help you make the best decision for your situation. Below, JFM Law breaks this important issue down so you can get a clear picture of what the law says and how it affects you.
Workers' Compensation Lawyer in New Jersey
If you’ve been hurt on the job, the stress of medical bills and lost income can feel overwhelming. You don’t have to deal with it alone. Many workers in New Jersey face unnecessary roadblocks when trying to get the benefits they need. Employers and insurers may push back on paying you what you’re owed, but that’s where JFM Law steps in. We’re here to help you get the support you deserve, from medical care to wage replacement. Call (732) 333-6621 or contact us online for a free consultation. Our offices in Freehold, Toms River, and New Brunswick are ready to assist workers across New Jersey.
What Is Workers' Compensation?
Workers' compensation is a type of insurance that provides benefits to employees who get hurt or sick because of their job. The idea behind workers' compensation is to help injured workers get the medical care and income they need while they recover. It’s also designed to protect employers from lawsuits. In New Jersey, once you agree to workers’ compensation, you typically give up the right to sue your employer for more money, even if the accident was their fault.
Can You Refuse Workers' Compensation?
Technically, you do not have to accept workers' compensation. However, New Jersey law, specifically NJ Statutes § 34:15-8, outlines that if you choose not to accept workers’ compensation, it means you are giving up certain protections under the workers' compensation system. This decision also comes with serious consequences, as rejecting workers' compensation may limit your ability to recover damages.
If you reject workers' compensation, you will have to prove that your employer was at fault to win a case against them, which can be very difficult and time-consuming. Most workers choose to accept workers' compensation because it guarantees some benefits, including medical treatment and partial wage replacement, even if the accident wasn’t the employer’s fault.
What Happens If You Reject Workers' Compensation?
If you decide not to accept workers' compensation, you are choosing to take a different route, usually through a lawsuit. However, there are risks involved. By not accepting workers' compensation, you would need to file a lawsuit against your employer and prove that they were negligent, which is often harder than it sounds. Plus, rejecting workers' compensation may mean you lose out on quick access to benefits such as medical care and wage replacement.
New Jersey’s workers’ compensation system provides benefits without you having to prove your employer did anything wrong. This “no-fault” system can work in your favor because even if you were partly responsible for your injury, you would still receive compensation unless you were “willfully negligent,” as stated in NJ Statutes § 34:15-1. Willful negligence includes deliberate acts, reckless behavior, intoxication, or the illegal use of drugs.
What Does Workers' Compensation Cover?
If you accept workers' compensation, your employer is required to cover your medical bills related to your injury. This includes hospital visits, surgery, medications, physical therapy, and other necessary treatments. Under NJ Statutes § 34:15-15, your employer must provide these medical services to help you recover.
You will also receive a portion of your wages while you are unable to work. In most cases, workers' compensation will pay about 70% of your average weekly wage, up to a certain limit set by the state. Additionally, if your injury leads to a permanent disability, workers’ compensation provides benefits based on the severity of your impairment, according to NJ Statutes § 34:15-36.
Another important factor is that accepting workers' compensation protects you from being blamed for your injury. Under NJ Statutes § 34:15-2, the law eliminates certain defenses employers could use in the past, such as claiming you assumed the risks of the job or that the injury was partly caused by another employee.
What If Someone Else Was Responsible for Your Injury?
Sometimes, a third party, such as a contractor or equipment manufacturer, might be responsible for your injury. If that’s the case, NJ Statutes § 34:15-40 allows you to pursue legal action against that third party while still receiving workers’ compensation benefits.
How a Workers' Compensation Lawyer Helps
The workers' compensation system can be tricky. That’s why it’s often a good idea to work with a lawyer who specializes in workers’ compensation claims. An NJ workers’ compensation lawyer can help you understand your rights, make sure your claim is filed correctly, and assist you in gathering the necessary medical evidence to support your case. If your claim is denied, a lawyer can represent you in hearings and appeals, ensuring that your case is presented effectively.
A lawyer can also help if there are disputes over the benefits you receive, such as the amount of wage replacement or the medical treatment you are entitled to. In some cases, your employer may try to argue that your injury isn’t covered, or that you should return to work before you're fully recovered. A workers' compensation lawyer will make sure your rights are protected throughout the process.
Additionally, if a third party was responsible for your injury, a lawyer can help you pursue a separate legal action against that person or company, while making sure you continue to receive the workers' compensation benefits you deserve.
Hire a Workers' Compensation Attorney in New Jersey
Getting hurt at work can turn your life upside down, but you shouldn’t have to carry the burden alone. The workers’ compensation system exists to help, but too often, claims are delayed or denied. Whether you're dealing with a denial or just starting your claim, we’re here to stand by your side. With years of experience in fighting for New Jersey workers, we know how important it is to secure the benefits that will support your recovery. Don’t wait—call (732) 333-6621 today or reach out online for a free consultation, and JFM Law workers’ comp lawyers will help you move forward with confidence.
Frequently Asked Questions
What is workers' compensation?
It provides medical care and wage replacement for job-related injuries or illnesses.
Do I have to accept workers' compensation in New Jersey?
No, but rejecting it limits your ability to pursue other legal remedies.
Can I sue my employer instead of accepting workers' compensation?
Only if you reject workers' compensation and prove employer negligence, which is difficult.
What does workers' compensation cover?
Medical expenses and about 70% of lost wages due to the injury.
What happens if I reject workers' compensation?
You must prove employer fault in court, risking no compensation if you lose.
Can I still receive benefits if I was at fault for my injury?
Yes, unless you were willfully negligent or intoxicated during the incident.
What if a third party caused my injury?
You can sue the third party while still receiving workers' compensation.
Can my employer deny my claim?
Yes, but you can appeal a denied claim through New Jersey’s workers’ compensation system.
How long does workers' compensation last?
Benefits last until you recover, reach maximum medical improvement, or are declared permanently disabled.
What if I can't return to my previous job after injury?
You may be eligible for permanent disability benefits or vocational rehabilitation assistance.
Call (732) 333-6621 or contact us online for a free consultation. Our offices in Freehold, Toms River, and New Brunswick are ready to assist workers across New Jersey.