9 most frequently asked questions about new jersey workers’ compensation
Below are some questions that workers who are injured on the job or who develop an occupational illness have about their rights under New Jersey’s Workers’ Compensation system.
Who Is Eligible for Workers’ Comp Benefits?
Any person who is employed for wages or salary is entitled to Workers’ Comp, regardless of the worker’s age or whether they are a part-time or seasonal employee.
What Should I Do after a Workplace Accident?
The first thing you should do is to notify your supervisor or your employer of your injuries. Although you are not required to provide notice in writing, it can help to have written confirmation that your employer has received notice of your injury. Although you can seek emergency medical treatment from any provider you choose, ordinary treatment for your work injury or illness must come from a provider selected by your employer.
Do I Need a Workers’ Compensation Attorney?
If your Workers’ Comp claim has been denied or if you believe you are not receiving benefits you are entitled to under New Jersey Workers’ Compensation law, you should consider speaking with a Workers’ Compensation lawyer about your legal rights and options, including filing a formal claim with the state.
How Long Do I Have to File a Workers’ Comp Claim?
New Jersey’s statute of limitations requires you to file a formal Workers’ Comp claim within two years of the date of a work injury or the date you became aware that an illness or medical condition was work-related, or within two years of the date of last payment of compensation benefits.
Will I Lose My Job If I File a Workers’ Comp Claim?
No. The Workers’ Compensation law prohibits your employer from terminating your employment or otherwise discriminating against you (such as demoting you, reducing pay, or denying promotion) based solely on the fact that you filed a Workers’ Comp claim.
If you lose your job while you are off-duty on Workers’ Comp, you should immediately speak with a Workers’ Compensation attorney about whether you may have been unlawfully retaliated against for claiming Workers’ Comp benefits.
What Do I Do If My Employer Doesn’t Report My Claim to Their Workers’ Compensation Insurer?
You can choose to contact your employer’s Workers’ Compensation insurer directly to file a claim, or you can file a formal claim with the state (especially if your employer is self-insured for Workers’ Compensation). However, if you retain a Workers’ Compensation attorney they will identify your employer’s insurance carrier and report your claim in order to expedite the process of you receiving the Workers’ Compensation benefits you are entitled to.
How Are Workers’ Compensation Benefits Determined?
Generally, your employer’s Workers’ Compensation insurer or administrator will determine what benefits you receive. If you think you aren’t receiving the full benefits you are entitled to, you can file a formal claim with the state, where a Workers’ Compensation judge will determine what benefits you should be given.
You are entitled to all reasonable and necessary treatment for your work-related injury or illness. If you are out of work for at least eight days, you can also receive temporary disability payments equal to 70 percent of your average weekly wage, subject to state-mandated minimums and maximums.
Can I Collect Workers’ Compensation for a Second Job?
Typically, you can only recover Workers’ Compensation benefits from the employer where you were injured or suffered an occupational illness. Under New Jersey law you can not collect lost income from your second job from the job where you were injured.
Can I File a Legal Claim in Addition to My Workers’ Comp Claim?
Although a Workers’ Compensation claim is usually the only legal recourse you have against your employer for a work-related injury or illness, when your injury or illness is caused by a third party, such as a negligent driver or a defective tool or piece of equipment, you may be entitled to pursue a personal injury claim against that party. However, your employer or its Workers’ Compensation insurer may be entitled to reimbursement from any recovery you obtain from the personal injury aspect of the case.
Contact a Clark Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey Workers’ Compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the Workers’ Comp benefits you deserve. That is why you should speak with a knowledgeable Workers’ Compensation lawyer about your situation and get guidance throughout the claims process. The experienced Workers’ Compensation attorneys at Team Law represent clients in Paterson, Elizabeth, Clifton, Trenton, and all across New Jersey. Call (732) 540-1394 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 136 Central Ave., Clark, NJ 07066, and we also have offices in West New York, Perth Amboy, Edison, Summit, Newark, New Brunswick, Orange, Plainfield, and Jersey City.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.