In this column, I will explain Workers’ Compensation, also known as industrial accident insurance or the Workers’ Compensation Act. Workers’ Compensation is an insurance benefit provided by employers. If an employee is injured while performing their job or suffers from a related illness, they are entitled to benefits such as medical treatment, wage replacement, and compensation for permanent disability. For example, if Mr. B, who works at a logistics warehouse for Company A, is injured when a stack of goods collapses while he is organizing the warehouse, the insurance company that Company A is enrolled with will cover Mr. B's medical expenses, wages, and compensation for permanent disability.

Who is eligible for Workers’ Compensation benefits?

To protect workers/employees from industrial accidents, New Jersey state law mandates that all employers in New Jersey, regardless of the size of their business, must enroll in Workers’ Compensation insurance. This differs from several other states that do not require insurance enrollment for businesses that do not meet a minimum number of employees. Therefore, all workers employed by a company operating in New Jersey are eligible for Workers’ Compensation benefits. This includes all employees, regardless of the company's size, the duration of employment, or the type of employment (full-time or part-time). For instance, if A starts working part-time and is injured on the job on their first day, A will receive Workers’ Compensation benefits. However, whether independent contractors are eligible for insurance benefits may vary, so if an independent contractor is injured while performing their duties, it is advisable to consult a lawyer to determine eligibility for Workers’ Compensation.

Can an employer be sued if an employee is injured due to the employer's negligence or fault?

If a worker/employee receives Workers’ Compensation benefits due to an industrial accident, they cannot sue their employer. This is because the insurance company compensates for all injuries on behalf of the employer. In other words, by enrolling in Workers’ Compensation insurance and paying the associated premiums, the employer provides specific protections under the Workers’ Compensation Act. There are exceptions, however. One such exception is if the employer intentionally causes injury or puts the employee at risk. In such cases, it is essential to seek legal assistance.

Can an employee receive Workers’ Compensation benefits if they are injured due to their own fault?

Yes. Workers’ Compensation is designed to protect employees physically and financially from unfortunate accidents or unintentional industrial injuries, which is why it operates as a "NO-FAULT" insurance benefit. This means that even if an employee is injured due to their own fault or negligence, they can still receive benefits if the injury occurred while performing their job. However, if the employee intentionally caused their injury or was under the influence of drugs or alcohol at the time of the injury, it would be considered an exception to the "no-fault" rule, and they would not be eligible for benefits.

What should you do if you are injured while working?

1. Notify your employer/supervisor about your injury or illness as soon as possible, and no later than 90 days after the incident. It is crucial to inform them that the injury or illness occurred due to your job. Otherwise, the employer may deny the incident or claim it happened outside of work.

2. Seek medical treatment. Serious injuries typically require immediate medical attention. However, even if the injury is not severe or the extent of the injury is unclear immediately after the incident, it is important to seek treatment as soon as possible. When receiving treatment, be sure to inform the doctor that you are there for an injury or illness sustained while performing your job.

3. Consult a lawyer. It is important to consult with an experienced lawyer to ensure you receive the necessary treatment and fair compensation. While Workers’ Compensation benefits are clearly in place to protect workers, it is essential to seek professional help to fully benefit from these protections.

Written by Christopher DiGirolamo, Esq. and Attorney Eunmi Hwang

Specialists in industrial accidents/injuries

New York/New Jersey

201 Columbia Avenue

Fort Lee, New Jersey 07024

☎ 201-585-9111

cdigirolamo@mdltriallawyers.com

ehwang@mdltriallawyers.com