Abromson & Carey, Attorneys at Law
You Take Care of Your Health, We’ll Take Care of Your Case
27+ Years Helping the Disabled
Phone: 888-512-7031

The accident was my fault; can I get disability?

Generally speaking, the Social Security disability system is a "no-fault" system. This means that a Newark, New Jersey resident can still claim disability benefits for an accident injury even if he or she shares some or all of the responsibility for the accident.

The idea is that, regardless of the reason, a person who cannot work because of an injury will need some financial help in order to meet his or her basic needs. To deny benefits simply because a person was not as a careful as he or she should have been would be an overly harsh consequence.

However, readers need to be aware of a couple of possible exceptions to this rule. For one, an injured person who applies for disability will obviously be expected to cooperate with the Social Security Administration and do what he or she can to maintain or even improve his or her condition.

Furthermore, after some types of accidents, such as a drunk driving accident, a person may wind up being charged with a crime and possibly a felony. If the person winds up getting convicted of a felony, he or she may not be eligible for disability benefits. Fortunately, this rule does not apply to all felonies, but only to situations in which a person's disability was caused by a person's committing a felony.

Generally speaking, a New Jersey resident who has had an accident and can no longer work should see if he or she qualifies for disability, even if the accident was his or her fault. Although there is no guarantee that this person will be awarded benefits, the circumstances surrounding an accident or generally not a factor in determining whether a person is disabled.

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Abromson & Carey, Attorneys at Law
60 Park Place
Suite 509
Newark, NJ 07102

Toll Free: 888-512-7031
Phone: 973-623-5593
Fax: 973-624-4804
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