New Jersey workers’ compensation is a no-fault system that provides benefits to employees who are injured or become ill at work regardless of who is at fault. Horseplay, intoxication being the sole cause or self inflicted injuries would be the most commonly seen exceptions.
What Does Workers’ Compensation Cover?
- Medical Treatment – Injured employees will receive medical care including ongoing care like physical therapy or surgeries paid for by the employer or their insurance carrier. There are no co-pays, deductibles, and no balance billing.
- Wage Replacement– Temporary Disability Benefits will be received by the employee while they are out and unable to work due to the work injury or illness. this will be 70% of the gross weekly wages subject to a maximum and minimum amount determined each year.
- Compensation for the Injury- Permanent Disability benefits will be received depending on the severity of the injury.
- Death Benefits – Are provided to dependents of workers who have passed away in a work related accident or due to a work-related injury or illness.
A complete list of benefits provided to New Jersey sick and/or injured workers can be found at New Jersey’s Department of Labor and Workforce Development website.
In exchange for these benefits, employees give up their right to sue their employer for pain and suffering and other damages, except in cases of intentional acts.
What Should I Do if I Was Hurt at Work?
Notify your employer as soon as reasonably possible. If you need immediate medical attention that is the number one (1) priority. If you need medical treatment, but it’s not an emergency then tell your employer that you were hurt at work. While your employer may want to fill out a report, notification does not have to be in writing.
Once notified, your employer should then report the claim to its workers’ compensation insurance carrier. If they refuse then you should report it yourself.
What Happens Once a Claim is Reported?
Once a claim is filed the workers’ compensation carrier will conduct an investigation. This typically does not take very long. if they claim is found compensable, you will receive medical treatment and lost wages and explained above.
Do I Need a Workers’ Compensation Attorney?
Yes. Workers’ Compensation law is very complicated and after you are hurt your employer and the insurance carrier’s goal is to minimize it’s damages. So while they may provide you with medical care and lost wages they will not compensate you for your injuries. For this you will need to file a Claim Petition and a New Jersey Workers’ Compensation attorney should do that for you.
How Long to File a Workers’ Compensation Claim?
The deadline, which is called the statute of limitations, to file a workers’ compensation claim petition is within two years of the injury or the last payment of compensation, whichever comes last. In situations in which the injuries take longer to development such as an occupational exposure which includes not only illnesses but also injuries due to repetitive motions, it’s two years from the date that the injured first became aware that that the condition was work related.
Contact Our Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams for Help with a Work Injury
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
