After you have been injured on the job, you’re required to give notice of the injury to your employer. The good news is what is deemed to be adequate notice is quite liberal and as long as your employer becomes aware or should have been aware that you suffered a work injury you will be entitled to workers’ compensation benefits.
The two primary objectives of the notification requirement are (1) to afford the employer a timely opportunity to investigate the claim when the facts remain accessible; (2) to enable the employer to provide medical care to minimize the employee’s injury.
N.J.S.A. 34:15-17 (Notification of employer) provides:
Unless the employer has actual knowledge of an injury, the employee must notify the employer of the injury within fourteen (14) days after the date of the accident. It does not have to be in writing, it can be given to anyone of authority and you do not personally have to be the one to provide the notice.
If notice is given, or knowledge obtained within thirty (30) days from the occurrence of the injury, compensation will be allowed unless the employer can show that they were prejudiced and if proved then compensation would only be barred to the extent of such prejudice.
If notice is given within ninety (90) days after the accident, the employer can bar compensation by showing it was prejudiced by the lack of notice. No compensation is allowed if notice is not provided nor knowledge obtained by the employer within ninety (90) days of the date of the accident.
Traumatic Cases
Verbal or written notice is required within 90 days of the accident. Actual notice of the accident is sufficient to defeat the notice defense, so that even if the worker has not given formal notice but the employer becomes aware of the accident within 90 days, that is considered sufficient notice.
Occupational Cases
On January 14, 2004, the occupational notice defense was eliminated and the provisions of N.J.S.A. 34:15-33 were repealed. There is therefore no more occupational notice defense in New Jersey.
Satisfying Notice Or Knowledge
Our courts have been rather lenient in finding compliance with either the notice or knowledge requirement. For example, the actual knowledge requirement is fulfilled by employer’s observation during employment that employee manifested unmistakable symptoms of an injury, notice from an examining physician to employer regarding disability, employee’s report of disability to foreman and discussions of condition with employer during course of employment all would satisfy the statutory actual knowledge requirement.
In sum, when an employer has knowledge of facts that should raise in its mind the possibility of a work connected condition, that knowledge satisfies the notice requirement. The test is whether a reasonably conscience employer has grounds to suspect the possibility of a potential compensation claim.
Contact Our Monmouth County Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams for Help With Your Workers’ Compensation Claim
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.
