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How Does Workers Compensation Work?

On Behalf of | Dec 19, 2016 | Workers Comp |

Simplifying Workers Compensation

Here’s how it works

Each year, thousands of Americans are hurt while at work or while performing work-related activities.  In some cases, workplace accidents or prolonged exposure to dangerous substances on the job causes job-related illnesses.  In New Jersey, employees cannot sue their employers for injuries suffered while at work unless certain specific facts are present.  Injured workers must pursue medical treatment, temporary disability benefits and permanent disability benefits through the employer’s workers’ compensation insurance carrier.

Under the New Jersey Workers’ Compensation Act, blame is not a factor in determining eligibility for workers’ compensation benefits.  As long as you were in the course and scope of your employment, you are eligible for workers’ compensation benefits.

Although the workers’ compensation claims process can seem intimidating at times, it is fairly simple. The first thing the employee should do when he or she is injured on the job is to report the incident to a supervisor or someone else in charge. The employer should then report the incident to the state. Once the proper notifications have been made, the employer’s insurance company will evaluate the claim.

If the insurance company approves the claim, the injured employee will be sent to a doctor chosen by the employer. The insurance company will pay for essential medical treatment and make payments to cover lost income if the employee is unable to work for more than a week.  Various disability benefits may also be awarded depending on the extent of the injury and the length of the injured employee’s absence from work.  If the claim is denied, the injured employee has the right to to file what is known as a formal claim petition wherein a Judge would decide whether the injured worker is entitled to workers’ compensation benefits or not.

A critical factor that must be noted here is that there is a statute of limitations pertaining to the submission of formal claim petitions. To be valid, the petition must be filed within two years of the date that the worker was hurt, or within two years of the last benefit he or she received.  The two-year time period also applies to workers who are seeking compensation in connection with injuries or illnesses related to work-related exposures.

If you have been hurt at work, the New Jersey workers’ compensation attorneys at Lomurro Law will review your case to determine which option is best for you. We can be reached at 732-482-9285 or you can contact us online to discuss your case today.