Worker’s compensation is a no-fault system of compensation wherein employees who are injured at work may receive payment for lost wages, medical costs, and occupational rehabilitation expenses without regard to their personal negligence or fault. What this means is that a person is entitled to benefits regardless of whether the employer or the employee (or someone else) is at fault for the injury. The system allows injured workers to collect benefits without being forced to file a law suit against the employer.
The exception to the no-fault statute applies when willful intent can be proven. In order to show willful intent, the employee must have willfully and intentionally failed to follow an established policy and/or willfully and intentionally failed to use necessary safety appliances or equipment.
This basically means that, even if an injury was caused by one’s own negligence—but was not due to willful intent, the person may be entitled to benefits. The no-fault system also prevents the worker from having to prove the cause of the injury.
Questions often arise regarding what constitutes an “on-the-job” injury. Anytime a person is injured at the workplace, that person may be entitled to benefits. But, what if an employee is injured somewhere other than the workplace? If an injury occurs while the employee is in the performance of job related duties, the injury is considered to have occurred on the job and the employee could be entitled to workers’ compensation benefits.
At the law office of Petro Cohen, we have over 100 years of combined experience representing victims of work-place accidents. Our New Jersey workers’ compensation lawyers understand how to maximize compensation for our clients. Petro Cohen is recognized as a leading workers’ compensation and personal injury litigation firm.
In order to protect an injured person’s claim and to maximize benefits, it is important to contact an experienced team of professionals who know how to approach and navigate the no-fault workers’ compensation system.