If you’ve been injured at work in New Jersey because of a coworker’s negligence, you might wonder if your workers' compensation claim can be denied. In most cases, the answer is no. New Jersey's workers' compensation system is designed to protect workers like you, ensuring that you receive benefits for work-related injuries, even if those injuries were caused by a fellow employee’s negligence. However, there are some details you should understand about how the system works and what to expect.
In this article, JFM Law goes over what happens when a coworker causes your injury, and how a NJ workers' compensation lawyer can help you through the process.
Injured at Work in New Jersey? Our Workers’ Compensation Lawyers Are Here for You
If a coworker’s negligence has caused you to get hurt on the job, you don’t have to deal with the fallout alone. Even when it’s clear that your injury happened at work, employers and insurance companies may delay or deny your benefits. But in New Jersey, workers’ compensation law is on your side—regardless of who was at fault. Reach out to JFM Law at (732) 333-6621 or online for a free consultation. Our workers’ comp attorneys have offices in Freehold, Toms River, and New Brunswick, and we’re ready to help you get the benefits you’re entitled to.
Understanding New Jersey Workers' Compensation Laws
Workers' compensation is a system that provides benefits to employees who are injured or become ill because of their job. The basic rule is that if you are injured while performing your job, you are entitled to workers' compensation benefits. This system is "no-fault," meaning you don't have to prove that your employer or anyone else was at fault for your injury. As long as the injury occurred while you were doing your job, you should be covered.
The Role of Coworker Negligence in Workers' Compensation
According to NJ Statutes § 34:15-2, the right to receive workers' compensation benefits is not affected by whether a coworker was negligent. The law says that compensation is not denied simply because the injury was caused by another employee’s negligence.
Let's say you work in a warehouse, and while you're stacking boxes, a coworker accidentally bumps into a forklift, causing it to knock a heavy load onto you. Even though your coworker was careless, you would still be eligible for workers' compensation. The fact that another employee caused the accident does not affect your right to file a claim.
Defenses That Are Abolished
New Jersey law also makes it clear that certain defenses are no longer valid. For example, your employer cannot argue that you should have assumed the risk of being injured on the job, or that you were hurt because a coworker was careless. These employer defenses to workers’ comp coverage were eliminated under NJ Statutes § 34:15-2.
What Happens If the Injury Was Willful or Horseplay?
While most injuries caused by a coworker’s negligence are covered, there are a few exceptions that might impact your claim. If you were injured because of your own willful negligence, you might not be able to collect workers' compensation. According to NJ Statutes § 34:15-36, willful negligence includes things like deliberately ignoring safety rules, being reckless about your own safety, or being intoxicated on the job. However, this doesn’t apply if it was your coworker who was being reckless, not you. The key is whether you, the injured worker, were willfully negligent.
New Jersey law also has specific rules about horseplay, which refers to playful, reckless, or mischievous behavior. NJ Statutes § 34:15-7.1 makes it clear that if you were injured because of horseplay that a fellow employee was involved in, your injury would still be covered under workers' compensation. The law states that if the injured employee did not participate in the horseplay, their injury will still be considered work-related.
For example, if you were hurt while working, but the injury happened because your coworker was messing around and you had nothing to do with it, you can still file for workers' compensation. As long as you didn’t join in the horseplay, the law protects your claim.
Self-Inflicted Injuries or Drug Use
While most injuries are covered, there are some exceptions. According to NJ Statutes § 34:15-7, compensation may not be available if the injury was self-inflicted or if it was caused by the worker’s intoxication or unlawful drug use. If you were under the influence of drugs or alcohol, and that was the reason for your injury, your workers' compensation claim could be denied. However, if your coworker was under the influence, but you were not, you would still be entitled to compensation.
The Burden of Proof: Willful Negligence and Intoxication
In New Jersey, if your employer wants to argue that you were willfully negligent or intoxicated at the time of the injury, they must prove it. Under NJ Statutes § 34:15-5, the burden of proof is on the employer or their insurance company to show that you were willfully negligent. This means that they must provide evidence to back up their claim.
Without strong evidence, they cannot simply deny your claim on the grounds of willful negligence or intoxication. If your employer tries to deny your claim for one of these reasons, having a lawyer can be incredibly helpful.
The Workers' Compensation Process in New Jersey
If you’re injured at work due to a coworker’s actions, you should follow these steps to file for workers' compensation benefits:
- Report the Injury: Immediately notify your employer about the injury. In New Jersey, you must report your injury as soon as possible. Failing to do so could delay your benefits or jeopardize your claim.
- Seek Medical Treatment: Your employer or their insurance carrier will usually direct you to a medical provider. Make sure to get the necessary treatment and keep records of all doctor visits, treatments, and diagnoses.
- File a Workers' Compensation Claim: Your employer should report your injury to their insurance carrier. If they don't, or if your claim is denied, you can file a claim directly with the Division of Workers' Compensation. If your employer is not cooperating, you’ll want to hire an attorney to help you with this step.
- Receive Benefits: If your claim is approved, you should receive benefits, which may include medical treatment, temporary disability payments, and permanent disability benefits, depending on the severity of your injury.
What to Do If Your Claim Is Denied
Even though most workers' compensation claims are straightforward, some claims get denied. There could be various reasons for this, such as:
- Your employer argues that your injury didn’t happen at work.
- They claim you were being willfully negligent.
- They suggest that horseplay was involved and that you were a participant.
- They claim you were under the influence of drugs or alcohol.
If your claim is denied, you have the right to challenge the decision. You can file a petition with the New Jersey Division of Workers' Compensation to have your case heard by a judge. At this point, it's highly recommended to seek the help of an experienced workers' compensation attorney.
How a Workers' Compensation Attorney Can Help You
Dealing with a workers' compensation claim can be overwhelming, especially if your claim has been denied or challenged. An attorney can help you by:
- Filing Your Claim Correctly: One of the most important things is filing your claim properly and on time. A lawyer will help ensure all paperwork is filed correctly, which reduces the chances of delays or denials.
- Gathering Evidence: If your employer claims that you were negligent, intoxicated, or engaging in horseplay, your attorney can help gather the evidence needed to dispute these allegations. This could include witness statements, medical records, and other documentation that supports your claim.
- Negotiating with the Insurance Company: Insurance companies are often more focused on saving money than on getting you the compensation you deserve. A lawyer can negotiate with the insurance company on your behalf with the aim of getting you what you’re entitled to.
- Representing You in Court: If your case goes to court, having a lawyer to represent you is crucial. They will present your case, challenge any false claims from your employer or the insurance company, and fight for your rights.
- Helping You Understand Your Rights: Workers' compensation laws are complex, and it can be hard to know exactly what your rights are. A lawyer can explain the laws and help you understand how they apply to your specific situation.
Frequently Asked Questions
What is workers' compensation?
It provides benefits to employees injured or made ill because of their job in New Jersey.
Can I get workers' compensation if a coworker caused my injury?
Yes, you could still receive benefits even if a coworker’s negligence caused the injury.
Does fault matter in workers' compensation claims?
Workers' compensation in New Jersey is a "no-fault" system.
Can my employer deny my claim if I assumed the risk of injury?
No, New Jersey law prohibits employers from using this defense.
What if I was injured due to horseplay at work?
If you did not participate in the horseplay, you are still eligible for workers' compensation.
Can my claim be denied if I was intoxicated during the injury?
Yes, if the injury was caused by intoxication, your claim could be denied.
What should I do immediately after a workplace injury?
Report the injury to your employer and seek medical treatment right away.
What happens if my claim is denied?
You can challenge the denial by filing a petition with the New Jersey Division of Workers' Compensation.
Can my employer argue that I was negligent and deny my claim?
They can try, but they must prove your willful negligence with strong evidence.
What benefits can I receive from workers' compensation?
You may receive medical treatment, temporary disability payments, and permanent disability benefits depending on the injury's severity.