How To File NJ Workers Comp Claim

How To File NJ Workers Comp Claim

People that are injured on the job may be eligible to receive workers’ compensation benefits to cover various damages related to those injuries. The benefits cover wages lost due to the temporary or permanent disability, and the medical care for the injuries. Medical treatment benefits may be available immediately after the injury, but payments to cover lost wages and other benefits will not become available until a claims examiner approves your claim. In fact, there is a process that injured workers need to follow from the moment they suffer those injuries. An experienced workers’ compensation lawyer can work with you to ensure that you take all the required steps. 

 

Steps To Take After You Get Injured On The Job

How To File NJ Workers Comp ClaimThe first thing you need to do after your injury is to see a doctor right away. You need to get pre-authorization before seeking treatment, and you have to go to the hospital or clinic selected by your employer if your injury is minor. You do not need your employer’s authorization to seek treatment if your injury is an emergency situation. Clearly describe your injury to your doctor and then follow all the doctor’s orders. Retain copies of all the medical documentation such as prescriptions and bills, because you may need them later. 

Remember to report your injury to your employer within 90 days after you get injured. The notice to your employer should be in writing and it should have the date and time the injury occurred.  You should also include the person of authority that you submitted the report to. Then check whether your employer has filed a First Report of Injury form with the New Jersey Division of Workers’ Compensation. Employers are required to do this within 21 days after you report your injury.

When To Hire A Lawyer

Your employer or the insurance company may deny your claim if they believe that your injury is not work related, or when they think your injury is not covered by worker’s compensation.  You will get a notification when your claim is denied. You may need to hire a lawyer if your employer or the insurance company denies your claim for worker’s compensation benefits.

An experienced legal professional will review your case and advise you on whether to file a formal Claim Petition or Application for an Informal Hearing. In an informal hearing a judge will review your case and suggest ways to resolve your dispute with your employer or the workers’ compensation insurer. The suggestions are not binding and that means that you are free to file a formal claim petition. 

A lawyer can help you file a formal claim petition with the Division of Workers’ Compensation (DWC). Here a judge of compensation will hear testimonies from the injured worker, witnesses and medical doctors. The judge will then render a decision that is binding but the decision may be appealed by the Appellate Division of the Supreme Court. An experienced lawyer can help you navigate this complicated process and ensure that you are heard. 

You may also be interested in…

  1. New Jersey Statute Of Limitations For Personal Injury
  2. How Do You Calculate Damages In Personal Injury Cases?
  3. On The Job Injuries In New Jersey
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