Understanding New Jersey Workers’ Compensation Laws
Your comprehensive guide to when and how to pursue right workers’ comp benefits after an on-the-job injury
According to the U.S. Department of Labor Bureau of Labor Statistics, nonfatal on-the-job injuries and workplace related illnesses lead to millions of workers’ compensation claims each year. There were almost three million reported private industry injuries and illnesses in 2014 alone. With these types of statistics, it’s important to understand your rights and responsibilities in the event of a work-related incident. State and federal law mandates that all employers maintain workers’ compensation coverage or carry self-insurance. Worker’s compensation benefits are designed to provide monetary support for:
- Medical treatments
- Lost wages
- Permanent disabilities
Any work-related injuries or illnesses must be reported to your employer as soon as possible. Typically, you will be required to be evaluated by a medical provider approved by your employer and/or their insurance carrier. This does not preclude you from also seeing a doctor of your own choosing. If you are unable to return to work immediately, you may be entitled to temporary disability benefits.
If your claim is denied, you may still be able to pursue rightful compensation. There are strict statutes of limitation in place that limit how long you have to pursue your claim. You must file a formal Claim Petition or Application for an Informal Hearing to preserve your rights. Formal claim petitions must be filed within two years from the date of the injury or the date you last received payment of compensation, whichever occurs later. You may also be able to resolve disputes through informal hearings with the assistance of a compensation judge.
The most common reasons a claim is disputed relate to the severity of the injury or illness, whether additional medical treatments are necessary and the relevance of an employee’s pre-existing condition. In many cases, there may be extensive investigation required to gather the evidence necessary to support your claims and obtain full and fair compensation.
Your employer and their insurance provider have multiple investigators and experts working for them and you need the same level of legal support and guidance to obtain the positive results you deserve. To discuss your option, contact the experienced New Jersey workers’ comp attorneys at Lomurro Law by phone at 732-482-9285 or email.