If you’ve been injured at work in New Jersey, you might be wondering if you are eligible for workers' compensation, especially if there’s any suggestion that you were partly to blame for the accident. One key question that often arises is whether "willful negligence" by the employee affects their right to receive compensation. In New Jersey, the workers' compensation system is designed to ensure that employees injured on the job receive medical treatment, wage replacement, and other benefits, regardless of who was at fault. However, there are some important exceptions, especially when it comes to willful negligence.
Below, JFM Law explains how willful negligence by an employee can impact their right to workers' compensation, what New Jersey law says about this issue, and how a NJ workers' compensation lawyer can help you navigate this situation.
Workers' Compensation Lawyers in New Jersey
Have you been hurt on the job in New Jersey? It’s tough dealing with the aftermath of a work injury, and you don’t have to go through it alone. Sometimes, employers or insurers may delay or deny benefits that you're entitled to. JFM Law workers’ comp lawyers are here to help you pursue the benefits you deserve. We’ll stand by your side to help relieve the stress of dealing with the system, so you can focus on your recovery. Call (732) 333-6621 or connect with us online for a free consultation. We’re available to assist workers across the state from our offices in Freehold, Toms River, and New Brunswick.
What Is Workers' Compensation?
Workers' compensation is a system that provides benefits to employees who are injured while working. In New Jersey, this system is designed to make sure that if you get hurt on the job, you can get medical treatment and wage replacement without having to sue your employer. This system covers a wide range of injuries, from minor cuts and sprains to more serious injuries and even occupational diseases.
Specifically, under NJ Statutes § 34:15-1, when an employee is injured by an accident arising out of their employment, they are entitled to receive compensation, regardless of the employer’s fault. This means that even if the injury resulted from a mistake on the employee's part, workers' compensation benefits should still be available in most cases. In exchange for these guaranteed benefits, employees generally give up the right to sue their employer for workplace injuries, even if the employer was at fault.
However, there are some exceptions, particularly when the injury is a result of the employee's own willful negligence.
What Is Willful Negligence?
According to NJ Statutes § 34:15-36, willful negligence refers to specific behaviors that show deliberate disregard for safety or rules. Willful negligence consists of four main types of actions:
- Deliberate Acts: If an employee intentionally causes their own injury, such as by knowingly violating safety rules.
- Recklessness: If an employee behaves in a way that shows a reckless disregard for their own safety or the safety of others.
- Alcohol Use: If an employee’s injury was caused by being under the influence of drugs or alcohol while on the job.
- Unlawful Use of Controlled Substances: If the injury was caused by the use of illegal drugs, as defined by New Jersey law.
These acts of willful negligence are significant because they can prevent you from receiving workers' compensation benefits. For example, if you were injured at work because you were intoxicated or because you knowingly ignored safety procedures, your employer might argue that you are not eligible for benefits.
When Does Willful Negligence Bar Compensation?
While workers' compensation is a no-fault system, meaning you don’t have to prove your employer was negligent, willful negligence by the employee can be used as a defense by the employer to deny benefits. According to NJ Statutes § 34:15-7, compensation can be denied if the injury was intentionally self-inflicted, if it was caused by intoxication or drug use, or if the employee willfully failed to use personal protective equipment provided by the employer.
For example, if you were injured in a machine accident but your employer can prove that you deliberately failed to use the safety guard after multiple warnings, they could argue that your willful negligence caused the accident. In such cases, it will be up to the court to determine whether your actions were reckless enough to bar you from receiving compensation.
Proving Willful Negligence: The Employer’s Burden
One important thing to remember is that the burden of proof is on the employer. Under NJ Statutes § 34:15-5, the employer must prove that the employee’s willful negligence was the direct cause of the injury. This means that your employer will need to show evidence that your actions were intentional, reckless, or caused by intoxication.
If your employer cannot prove this, then you will still be entitled to receive workers' compensation benefits, even if your actions played some role in the accident.
How Is "Willful Negligence" Different from Ordinary Carelessness?
It’s important to understand that willful negligence is different from ordinary carelessness or a simple mistake. Workers' compensation benefits are generally available even if you were careless and your carelessness contributed to the accident. NJ Statutes § 34:15-2 says that an employee’s compensation rights cannot be taken away just because they were partly at fault or because another employee’s negligence contributed to the injury.
So, if you made an honest mistake, such as tripping over equipment or misjudging the use of a tool, you should still be eligible for workers' compensation benefits. The key issue is whether your employer can prove that your actions amounted to willful negligence.
What About Horseplay or Fooling Around?
Horseplay or fooling around at work is another situation where workers' compensation might come into question. According to NJ Statutes § 34:15-7.1, if you were injured because of horseplay or skylarking (fooling around) by a fellow employee, you can still receive workers' compensation benefits as long as you didn’t take part in the horseplay yourself.
However, if you were the one who started the horseplay or actively participated, your employer might argue that your willful negligence was the cause of your injury, and your benefits could be denied.
How Does the Jury Determine Willful Negligence?
NJ Statutes § 34:15-1 states that whether an employee was willfully negligent is a question of fact that will be submitted to a jury for determination. This means that the jury will consider the evidence and decide whether your actions rise to the level of willful negligence, which would bar your right to compensation. If the jury finds that your actions were not willful, reckless, or intentionally harmful, then you should still be entitled to workers' compensation benefits.
What Should You Do If Your Employer Claims Willful Negligence?
If you’ve been injured at work and your employer is claiming that you were willfully negligent, it’s important to take action to protect your rights. Workers' compensation laws can be complicated, especially when there are accusations of willful negligence involved. In these cases, having a lawyer on your side can make a big difference.
How a Workers' Compensation Lawyer Can Help You
If your employer is trying to deny your workers' compensation benefits by claiming willful negligence, you don’t have to face the situation alone. A skilled workers' compensation lawyer can help you in several important ways:
- Gather Evidence: Your lawyer can help gather the necessary evidence to refute claims of willful negligence. This might include witness statements, video footage, or expert testimony that supports your side of the story.
- Challenge Employer’s Claims: Your lawyer will know how to challenge your employer’s claims in court, ensuring that the burden of proof is properly placed on the employer, as required under NJ law.
- Represent You in Court: If your case goes to court, a lawyer can represent you during the hearing or trial, presenting your case in the best possible light and helping the jury understand why your actions did not amount to willful negligence.
- Handle Insurance Companies: If your employer’s insurance company is involved, a workers' compensation lawyer can handle negotiations with them, ensuring that they don’t use tactics to deny or minimize your benefits.
- Ensure Fair Treatment: Your lawyer will ensure that your employer and their insurance company comply with all legal requirements, including NJ Statutes § 34:15-15, which requires that employers provide necessary medical treatment to injured workers.
Frequently Asked Questions
What is workers' compensation?
It provides medical treatment and wage replacement for employees injured on the job, regardless of fault.
Does fault matter in a workers' comp claim?
No, New Jersey workers' compensation is a no-fault system, meaning fault is irrelevant.
Can I receive compensation if I caused my own injury?
Yes, unless the injury was caused by willful negligence such as reckless behavior or intoxication.
What is willful negligence?
It’s intentional or reckless behavior, like violating safety rules or being intoxicated at work.
Does being intoxicated at work bar compensation?
Yes, if intoxication directly caused the injury, you may be denied compensation.
Can horseplay at work affect my compensation?
Yes, if you were involved in the horseplay, you might not receive compensation. If not, you're likely still eligible.
Who proves willful negligence?
The employer must prove that your injury was caused by willful negligence.
What’s the difference between negligence and willful negligence?
Negligence is carelessness; willful negligence is intentional or reckless disregard for safety.
Can I still receive workers' compensation if I make a mistake?
Yes, ordinary mistakes or carelessness usually do not affect your right to compensation.
How is willful negligence determined?
A jury typically decides if the employee’s actions qualify as willful negligence based on evidence.
Workers' Compensation Attorney
In New Jersey, workers' compensation is designed to protect injured employees, regardless of who was at fault. However, if your employer claims that your injury was caused by willful negligence, you might face challenges in getting the benefits you deserve. Many workers face unexpected delays or denials, and that's where JFM Law comes in. Whether you’re at the beginning of your claim or dealing with a denial, we can support you in getting the benefits you’re owed—medical care, wage replacement, or compensation for a permanent injury. Don’t face this situation alone. Call (732) 333-6621 or reach out online for a free consultation today to explore how our workers’ comp lawyers can help you through this challenging time.