Filing A Claim For A Workplace Accident In New Jersey
March 6, 2021
If you are injured in an accident at work, New Jersey law provides you with options for seeking compensation for your expenses and losses from your injuries. Continue reading to find out what they are and how an experienced workers’ compensation lawyer can help you throughout the process and file a claim for a workplace accident in New Jersey.
What Are Your Rights for a Work Accident?
Most people who are injured in a work accident in New Jersey will file a claim for workers’ compensation benefits with their employer. In New Jersey, the workers’ compensation system is intended to provide injured employees with guaranteed benefits. Workers’ compensation is considered a “no-fault” system. That means that an injured worker does not need to prove that their employer was negligent or reckless in causing the worker’s injury. Instead, a worker is entitled to benefits solely because they have suffered an injury or illness attributable to or that occurs in the course and scope of their employment.
What Benefits Can You Receive for a Work Accident?
Workers’ compensation provides certain defined benefits to an injured worker following a work accident, including:
- Reasonable and necessary medical treatment and rehabilitation
- Temporary disability benefits, which provides partial replacement of lost wages when an injured worker misses time from work or is required to perform light-duty or part-time work
- Permanent partial disability benefits, which provides an award of compensation based on the affected body part or bodily function and the level of impairment that part or function has suffered
- Permanent total disability benefits, if you cannot return to work even after achieving maximum medical improvement, which continues partial wage replacement benefits for as long as the worker remains totally disabled from any form of gainful employment
How Long Do You Have to File a Work Accident Claim?
In New Jersey, you are required to report a work accident and any injuries you may have suffered to your employer as soon as possible after the accident and your injuries. If you fail to report a work accident claim to your employer within 90 days of the accident, it may affect the benefits you are entitled to receive.
Once you’ve notified your employer of a work accident and your injuries, your employer is required to file the formal workers’ compensation claim. If your employer doesn’t file the claim, or if your employer denies your work accident claim or denies payment of certain benefits, you have two years from the date of the accident, or two years from the date of the last payment of workers’ compensation benefits, to file a formal claim petition with the state workers’ compensation commission.
Filing Suit for a Work Accident
Under New Jersey’s workers’ compensation law, an injured worker typically may not file a personal injury lawsuit against their employer for a work accident. Instead, the workers’ compensation system is intended to be a worker’s sole recourse against their employer.
An injured worker may be entitled to file suit against their employer for a work accident when an employer’s intentional or reckless conduct was responsible for the worker’s injury. However, a worker is more commonly able to file a personal injury claim for a work accident when the accident was caused by a third party, such as a negligent motorist or the manufacturer of a defective piece of equipment. When a third party was responsible for a work accident, an injured employee can pursue a third-party personal injury suit in addition to filing a claim for workers’ compensation benefits from their employer.
Contact a Rochelle Park 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 The Epstein Law Firm, P.A. represent clients in Hackensack, Teaneck, Fort Lee, Fair Lawn and all across New Jersey. Call 201-231-7847 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 340 West Passaic St., Rochelle Park, NJ 07762.
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.