If you’ve been injured at work in New Jersey, you might wonder if your employer is responsible for paying workers' compensation benefits. While New Jersey’s workers' compensation system is designed to cover most workplace injuries, there are certain situations where your employer may not be held liable. Understanding these exceptions can help you determine whether you have a valid workers' compensation claim and when it might be denied.
Below, JFM Law workers’ comp lawyers will cover the various instances when your employer might not be liable for workers' compensation in New Jersey and explain how a lawyer can assist you in your case.
Workers’ Compensation Lawyer in New Jersey
Have you been injured on the job? Don't try to handle the stress of denied or delayed workers' compensation claims on your own. Whether you're recovering from an accident or illness caused by work, JFM Law understands how difficult it can be when the support you need isn't there. Employers and insurers might not always make the process easy, but you shouldn’t have to worry about that while focusing on your recovery. We’re here to stand by your side, helping you pursue the benefits you need. For a free consultation, call (732) 333-6621 or contact us online. Our offices are located in Freehold, Toms River, and New Brunswick, serving injured workers across New Jersey.
General Workers' Compensation Coverage in New Jersey
Under New Jersey law, most employers are required to provide workers' compensation insurance. This insurance helps cover medical treatment, lost wages, and disability benefits for employees who suffer from work-related injuries or illnesses. Workers’ compensation is a "no-fault" system, which means that even if your injury was partly your fault, you could still receive benefits.
However, this system also means that, in most cases, you cannot sue your employer for additional compensation, even if they were negligent. But as with any rule, there are exceptions, and certain circumstances can result in your employer not being liable for your injury.
Situations Where Your Employer May Not Be Liable
Recklessness by the Employee
If you were injured at work but were acting with willful negligence, your employer might not have to provide workers' compensation. According to New Jersey Revised Statutes (NJ Statutes § 34:15-1), willful negligence includes actions such as deliberately disregarding safety rules or acting in a reckless manner.
Intoxication or Use of Controlled Substances
New Jersey law also states that if your injury was caused by intoxication or the illegal use of controlled substances, your employer is not liable for workers' compensation benefits. Under NJ Statutes § 34:15-36, intoxication, whether from alcohol or drugs, is considered "willful negligence" and can disqualify you from receiving compensation.
For example, if you were impaired by drugs or alcohol while on the job and that impairment directly caused your injury, you could be denied benefits. However, the employer must prove that intoxication was the proximate cause of your injury, meaning that it directly led to the accident.
Failure to Use Provided Safety Equipment
Another situation where your employer might not be liable is if you fail to use the safety equipment your employer provided. Under NJ Statutes § 34:15-7, if you were injured because you did not use reasonable and proper personal protective devices—such as a hard hat, gloves, or harnesses—despite repeated warnings from your employer, they could avoid liability.
However, if there was an emergency that prevented you from using the safety gear or if the employer did not enforce the use of such devices uniformly, you might still be entitled to compensation. The burden of proof is on the employer to show that they provided the safety equipment and that you willfully refused to use it.
Intentional Self-Harm
New Jersey law also specifies that employers are not responsible for injuries that are intentionally self-inflicted. According to NJ Statutes § 34:15-7, if you intentionally harm yourself while at work, your employer is not liable for providing workers' compensation benefits.
Injuries Outside the Course of Employment
Workers' compensation only covers injuries that occur while you are performing work-related tasks. This means that injuries that happen outside the "course of employment" may not be eligible for compensation. According to NJ Statutes § 34:15-36, employment generally starts when you arrive at your workplace and ends when you leave.
However, there are exceptions, such as if you were performing duties off-site at your employer’s request or if you were traveling as part of your job. For example, if you were injured in a car accident while driving to a client’s location at your employer’s request, your injury would likely still be covered. But if you were running a personal errand during work hours and got into an accident, you may not qualify for workers' compensation.
Horseplay and Recklessness
If your injury was caused by horseplay or reckless behavior on your part, your employer might not be liable for workers' compensation. According to NJ Statutes § 34:15-7.1, injuries resulting from horseplay can still be compensated if you were not the instigator. But if you started or actively participated in the horseplay, your employer might not be responsible for your injuries.
Recreational and Social Activities
Injuries that occur during recreational or social activities, such as company picnics or sports games, may not be covered by workers' compensation unless the activity is a regular part of your job. Under NJ Statutes § 34:15-7, if the activity provides a benefit to the employer beyond just improving employee morale, such as promoting the company’s image, then your injury could still be covered.
For example, if you were injured while playing in a company-sponsored sports tournament that the employer encouraged you to participate in, you may still be eligible for workers' compensation. However, if the activity was not directly related to your job, the employer might not be liable.
Non-Work-Related Medical Conditions
If your injury was caused by a pre-existing medical condition unrelated to your job, your employer might not be responsible for paying workers' compensation. For instance, if you had a heart attack at work that was not caused by your job or working conditions, your employer may argue that they are not liable.
However, if your job exacerbated a pre-existing condition, you may still be eligible for benefits. The key is proving that the work environment or job duties contributed to making your condition worse.
Independent Contractors in NJ
Under NJ Statutes § 34:15-79, if you are genuinely classified as an independent contractor, you are generally not entitled to workers' compensation. However, just because your employer calls you an independent contractor does not mean you are one. If your employer controls your work schedule, provides your tools, and closely supervises your work, you may still be considered an employee under the law, and your employer could be responsible for workers' compensation benefits.
How a Workers' Compensation Lawyer Can Help
Investigating Your Case
A lawyer can gather evidence to prove that your injury was work-related and that you were not acting with willful negligence. This can involve reviewing workplace safety records, interviewing witnesses, and consulting with medical professionals to establish the extent of your injuries.
Challenging Employer Denials
If your employer argues that your injury was caused by intoxication, failure to use safety equipment, or other forms of willful negligence, a lawyer can challenge these claims by presenting evidence that contradicts the employer’s assertions.
Filing the Necessary Paperwork
Workers' compensation claims involve a lot of paperwork, and missing a deadline or filling out a form incorrectly can jeopardize your claim. A lawyer can help you with the paperwork and ensure that everything is filed on time.
Negotiating with Insurance Companies
Insurance companies often try to minimize the amount they pay out in workers' compensation claims. A lawyer can negotiate with the insurance company on your behalf to ensure that you receive a fair settlement.
Representing You in Court
If your claim is denied or if there is a dispute over whether your injury is covered, your lawyer can represent you in hearings before the New Jersey Division of Workers' Compensation or in court if necessary.
Frequently Asked Questions
What is workers' compensation?
Workers' compensation provides benefits to employees injured or ill due to work-related causes.
What injuries are covered by workers' compensation?
Work-related injuries or illnesses are covered, including accidents and occupational diseases.
Can I still get workers' compensation if the accident was my fault?
Yes, New Jersey's workers' compensation is a no-fault system.
What happens if I don’t use safety equipment?
You may be denied benefits if you ignored safety equipment provided by your employer.
Does workers' compensation cover injuries caused by horseplay?
Only if you weren’t the instigator of the horseplay.
Can I get compensation for injuries outside of work hours?
No, unless you were performing work duties off-site or traveling for work.
Are injuries from company social events covered?
Only if the event was part of your job or benefited your employer.
Can I receive benefits for pre-existing conditions worsened by work?
Yes, if your job aggravated the pre-existing condition.
Are independent contractors covered by workers' compensation?
No, unless you're misclassified as a contractor but function as an employee.
Can I receive benefits if intoxicated during the injury?
No, if intoxication caused your injury, benefits may be denied.
Talk to a Workers’ Compensation Attorney Today
If you've been hurt at work, you're not alone. Dealing with the workers' compensation system in New Jersey can be frustrating, especially when your benefits are delayed or denied. You deserve to focus on healing, not fighting for your rights. Experienced workers’ comp lawyers at JFM Law are here to listen, support you, and help you explore your options. Whether your claim has been denied or you're just starting the process, we're ready to help.
Don't wait for things to get more complicated—get in touch for a free, no-obligation consultation today. Call (732) 333-6621 or reach out online, and let’s talk about how we can help you move forward with confidence.