Blog by Linda Khorozian

Can I Get Workers' Compensation If the Accident Was My Fault in New Jersey?

Posted by Linda O. Khorozian | Jul 26, 2026 | 0 Comments

Many injured workers never file a claim because they believe one simple mistake automatically disqualifies them from receiving New Jersey workers' compensation benefits.

Fortunately, that's usually not true.

Whether you slipped while carrying materials, lifted something incorrectly, backed into another vehicle while making deliveries, or simply made an honest mistake on the job, you may still qualify for medical treatment, temporary disability benefits, and permanent disability benefits under New Jersey law.

Unlike a personal injury lawsuit, New Jersey workers' compensation is generally a no-fault system. In most cases, the question isn't who caused the accident—it's whether the injury happened while you were performing your job duties.

📞 Think you don't have a workers' compensation case because the accident was your fault? Don't make that decision without understanding your rights. Call Khorozian Law Group today at (201) 944-9200or contact us using our Online Form for a FREE consultation. There are no attorney's fees unless we recover benefits or compensation for you.

Warehouse employee receiving assistance after a work-related lifting accident in New Jersey that may qualify for workers' compensation benefits even if the employee made a mistake.
Many injured workers wrongly assume they cannot receive workers' compensation benefits because they believe the accident was their fault. In New Jersey, that is often not the case.

 

The Short Answer: Yes, You May Still Have a Workers' Compensation Claim

One of the biggest misconceptions about New Jersey workers' compensation is that employees lose their benefits if they caused the accident.

In most cases, they don't.

The workers' compensation system was created to protect employees who are injured while performing work-related duties, even when an honest mistake contributed to the accident.

Instead of asking:

"Whose fault was the accident?"

The law generally focuses on:

"Did the injury arise out of and occur during the course of your employment?"

If the answer is yes, you may still be entitled to benefits.

If you're unsure whether your injury qualifies, learn more on ourWorkers' Compensationpage or speak with an experienced New Jersey Workers' Compensation Lawyer about your specific situation.

"But I Made a Mistake..."

We hear this all the time.

  • "I wasn't paying attention."
  • "I lifted the box the wrong way."
  • "I slipped because I was rushing."
  • "I forgot to use the proper lifting technique."
  • "I accidentally caused the crash while driving for work."
  • "I should have been more careful."

Many injured workers assume those statements automatically end their case.

They usually don't.

Making a mistake at work is very different from intentionally causing an injury or doing something that falls outside the protections of New Jersey's workers' compensation laws.

Common Workplace Accidents That May Still Be Covered

Depending on the circumstances, you may still qualify for workers' compensation benefits in New Jersey if you were injured after:

  • Lifting a heavy object incorrectly.
  • Slipping or tripping while performing your job.
  • Falling from a ladder or scaffold.
  • Misjudging a step or uneven surface.
  • Accidentally causing a work-related motor vehicle accident.
  • Overexertion while performing repetitive work.
  • Making an honest mistake while completing assigned job duties.

These are some of the most common workplace accidents we see, and many injured employees are surprised to learn they may still have a valid claim.

If your injuries resulted from a crash while driving for work, you may also find our Car Accident Lawyer resources helpful, particularly if another driver contributed to the collision and a third-party claim may also exist.

Why New Jersey Uses a No-Fault Workers' Compensation System

Workers' compensation exists because accidents happen—even to careful employees.

Rather than forcing injured workers to prove that an employer was negligent, New Jersey's system generally provides benefits when an injury occurs in the course of employment.

According to the New Jersey Department of Labor and Workforce Development, workers' compensation is designed to provide medical treatment, wage replacement, and disability benefits for employees who suffer work-related injuries. Workplace safety guidance is also available through the Occupational Safety and Health Administration (OSHA).

That means ordinary negligence—such as making a mistake, losing your footing, or lifting incorrectly—does not automatically prevent you from receiving benefits.

When Can Workers' Compensation Be Denied?

Although New Jersey workers' compensation is generally a no-fault system, there are situations where benefits may be denied or challenged.

Examples include:

  • Intentional self-inflicted injuries.
  • Intoxication or impairment that legally bars recovery.
  • Horseplay or conduct outside the scope of employment.
  • Intentional criminal conduct.
  • Injuries that did not arise out of and in the course of employment.

Every case is different. Simply because your employer or the insurance company says you were "at fault" doesnot necessarily mean you are disqualified from receiving benefits.

What If I Violated a Safety Rule?

Another common concern we hear is:

"I wasn't following company policy. Does that mean I lose my workers' compensation claim?"

Not necessarily.

Employees make mistakes. Sometimes workers forget a safety procedure, lift improperly, or fail to follow every workplace policy exactly as written. In many situations, that alone does not eliminate your right to New Jersey workers' compensation benefits.

However, employers and insurance carriers may still challenge a claim depending on the circumstances. That's why it's important to have an experienced Workers' Compensation Lawyer evaluate the facts before assuming you have no case.

 

What If Someone Else Caused My Workplace Injury?

Sometimes the accident isn't caused by you—or even your employer.

Examples include:

  • Another driver crashes into you while you're making deliveries.
  • A defective machine or tool malfunctions.
  • A subcontractor creates a dangerous condition on a construction site.
  • A property owner fails to maintain safe premises.
  • Defective equipment causes your injury.

In these situations, you may have:

  • A New Jersey workers' compensation claim; and
  • A separatePersonal Injuryclaim against the responsible third party.

Unlike workers' compensation, a third-party personal injury claim may allow you to recover compensation for pain and suffering, which generally is not available through workers' compensation benefits alone.

If your workplace injury involved a motor vehicle collision, ourNew Jersey Car Accident Lawyer page explains when both types of claims may exist.

Don't Assume You Don't Have a Case

One of the biggest mistakes injured workers make is deciding not to file a claim because they blame themselves.

We've spoken with workers who said:

  • "I caused the accident."
  • "I wasn't paying attention."
  • "I lifted it wrong."
  • "I should have known better."

In many of those situations, the worker still had a valid claim.

The law generally focuses onwhether the injury happened while you were performing your job, not whether you made an honest mistake.

Before giving up your rights, take the time to understand what New Jersey's workers' compensation laws actually provide.

Frequently Asked Questions

Can I get workers' compensation if I caused the accident?

In many cases, yes. New Jersey workers' compensation is generally a no-fault system, meaning your own mistake does not automatically prevent you from receiving benefits.


Can workers' compensation be denied because I made a mistake?

Not usually. Ordinary negligence—such as lifting incorrectly or slipping while working—is often still covered. However, certain legal exceptions may apply depending on the facts.


What if I violated a company safety rule?

Violating a workplace policy does not automatically disqualify you from workers' compensation benefits. Every case should be evaluated individually.


Can I sue someone if another person caused my workplace injury?

Possibly. If a third party—such as another driver, a contractor, or a property owner—caused your injury, you may have both aworkers' compensation claim and a separate Personal Injury claim.


Can I receive workers' compensation near me in New Jersey?

If you were injured while working anywhere in Bergen County, Hudson County, Essex County, Passaic County, Union County, or elsewhere in New Jersey, you may be entitled to workers' compensation benefits. Speaking with an experienced attorney can help you understand your options based on the specific facts of your case.


Don't Let One Honest Mistake Cost You Your Benefits

An accident at work can happen in seconds—even to experienced employees who have performed the same job safely for years.

If you believe your own mistake caused your injury, don't assume you have lost your right to benefits. New Jersey workers' compensation laws are designed to protect injured workers, and many successful claims involve ordinary human error rather than employer negligence.

Learning your rights early can make the difference between receiving the medical treatment and wage replacement you need—or walking away from benefits you may have been entitled to receive.).

📞 Call Khorozian Law Group Today for a FREE Consultation

If you or a loved one were injured at work in New Jersey, call Khorozian Law Group today at (201) 944-9200 or contact us using our Online Form for a FREE consultation. There are no attorney's fees unless we recover compensation for you.

Hablamos Español. Si usted o un ser querido sufrió una lesión en el trabajo en Nueva Jersey, llámenos hoy al (201) 944-9200 o contáctenos utilizando nuestro Formulario en Línea para una consulta GRATUITA. No cobramos honorarios de abogado a menos que obtengamos una compensación para usted.

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