What to Do After a Workplace Injury in New Jersey

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If you have suffered a workplace injury in New Jersey, you may be wondering what steps to take, how to file a workers’ compensation claim, and what benefits you are entitled to. Workplace injuries can have serious consequences, including lost wages, expensive medical bills, and long-term health complications.

Understanding your rights and the workers’ compensation process is crucial to ensuring you receive the benefits you deserve. This guide will walk you through the necessary steps to take after a workplace injury, the claim process, employer responsibilities, and legal options if your claim is denied. If you encounter challenges in obtaining your benefits, a workplace injury lawyer in New Jersey can help.

 

What to Do Immediately After a Workplace Injury in New Jersey

Acting quickly after a workplace injury can help protect your rights and improve your chances of receiving workers’ compensation benefits. Here are the essential steps to take:

1. Seek Medical Attention Immediately

Your health should be your top priority. Whether your injury is minor or severe, seeking medical care as soon as possible is crucial. Delaying treatment could not only worsen your injury but also weaken your workers’ compensation claim.

If the injury is serious, call 911 or go directly to an emergency room. For non-emergency injuries, notify your employer, as they may require you to visit a specific doctor approved by their workers’ compensation insurance. In New Jersey, the employer or their insurance provider has the right to select your medical provider. If you choose to see an unauthorized doctor, you may be responsible for covering the medical costs.

2. Report the Injury to Your Employer

New Jersey law requires workers to report injuries to their employer within 90 days. However, it is best to report your injury as soon as possible. Delays in reporting could result in claim denials or unnecessary disputes.

When reporting your injury, provide a clear description of what happened, when and where it occurred, and any symptoms you are experiencing. If possible, submit a written report and keep a copy for your records. This documentation can be helpful if there is a dispute later.

3. Document the Incident & Gather Evidence

Even though New Jersey has a no-fault workers’ compensation system, collecting evidence is still important in case your claim is challenged.

Consider doing the following:

• Take photographs of the injury site, unsafe working conditions, and any equipment involved in the accident.
• Gather witness statements from coworkers who saw the accident.
• Keep a journal of your symptoms, medical treatments, and any difficulties you face as a result of the injury.
• Save copies of medical records, prescriptions, and bills related to your treatment.

4. File a Workers’ Compensation Claim in New Jersey

After reporting your injury, your employer should file a claim with their workers’ compensation insurance provider. However, if your employer fails to do so, you may need to take action on your own.

To file a claim, you must complete the First Report of Injury form, which your employer should submit to their insurance company. If your employer refuses to cooperate, you can file a Claim Petition with the New Jersey Division of Workers’ Compensation. Consulting with a workplace injury attorney can be beneficial, especially if your employer disputes the claim.

Understanding New Jersey Workers’ Compensation Eligibility

Not every work-related injury automatically qualifies for workers’ compensation benefits. Understanding the eligibility criteria is important to determine whether you can file a claim.

Who Qualifies for Workers’ Compensation in New Jersey?

To be eligible for workers’ compensation benefits in New Jersey, you must:

1. Be a full-time or part-time employee (independent contractors and freelancers are generally not covered).
2. Have suffered an injury while performing job-related duties.
3. Report your injury within the legally required timeframe.
4. Not have intentionally caused your injury.

What Injuries Are Covered Under New Jersey Workers’ Comp?

Workers’ compensation covers most work-related injuries and occupational illnesses, including:

1. Slips, trips, and falls resulting in fractures, sprains, or head injuries.
2. Repetitive stress injuries such as carpal tunnel syndrome.
3. Burns, cuts, or lacerations caused by machinery or equipment.
4. Exposure to toxic chemicals leading to respiratory conditions or other health problems.
5. Hearing loss caused by excessive workplace noise.
6. Mental health conditions related to work, such as post-traumatic stress disorder (PTSD), if directly linked to job duties.

What Medical Care Is Covered by New Jersey Workers’ Comp?

If your workers’ compensation claim is approved, your employer’s insurance should cover all necessary and reasonable medical expenses. This includes:

• Doctor visits
• Emergency room care
• Hospitalization
• Medications
• Physical therapy
• Surgery
• Medical equipment (crutches, braces, etc.)

 

New Jersey Workers’ Comp Claim Process & Timeline

The workers’ compensation process in New Jersey follows a specific timeline. Knowing what to expect can help you prepare.

Step 1: Report Your Injury
You must report your injury to your employer as soon as possible. The legal deadline for reporting is 90 days, but earlier reporting is recommended.

Step 2: Employer Files a Claim
Your employer should notify their workers’ compensation insurance provider and file an official claim.

Step 3: Insurance Review & Decision
The insurance company reviews your claim, assesses your medical records, and determines if benefits will be approved. This process can take up to 30 days.

Step 4: Start Receiving Benefits
If your claim is approved, you will begin receiving medical benefits and lost wage compensation. Temporary disability benefits are provided if you are unable to work.

Step 5: Appeal If Necessary
If your claim is denied, you have the right to appeal. This process involves filing a formal Claim Petition with the New Jersey Division of Workers’ Compensation.

 

Employer Responsibilities After a Work Injury in New Jersey

Employers in New Jersey are required to follow workers’ compensation laws to ensure that injured employees receive benefits.

Does My Employer Have to Report My Workplace Injury?
Yes. Employers are required to report workplace injuries to their workers’ compensation insurance provider. Failing to do so can result in legal penalties.

What Happens If My Employer Refuses to File My Claim?
If your employer refuses to file your claim, you can file a Claim Petition with the state. You may also consider consulting a workplace injury attorney for assistance.

Workplace Safety Regulations & Employer Liability in New Jersey
Employers must comply with OSHA regulations to maintain a safe working environment. If an employer knowingly violates safety standards and an injury occurs, they may be held liable.

 

Legal Options If Your New Jersey Workers’ Comp Claim Is Denied

Workers’ compensation claims are sometimes denied due to missing documentation, disputes over the cause of injury, or insurance company investigations. If your claim is denied, you still have options.

How to Appeal a Workers’ Comp Denial in New Jersey

1. Request a reconsideration from the insurance company.
2. File a formal appeal with the New Jersey Division of Workers’ Compensation.
3. Attend a hearing where a judge will determine the outcome of your claim.

Can I Sue My Employer for a Workplace Injury in New Jersey?
Workers’ compensation laws prevent employees from suing their employer in most cases. However, you may have grounds for a lawsuit if:

• Your employer intentionally caused your injury.
• A third party, such as an equipment manufacturer, contributed to the accident.

 

Frequently Asked Questions (FAQs)

How long does it take to receive workers’ compensation benefits in New Jersey?
Once your claim is approved, you should start receiving benefits within two weeks. However, if there are any disputes, delays can occur, and you may need to go through an appeals process to secure your compensation.

Can I file a workers’ compensation claim if the injury was my fault?
Yes, New Jersey’s workers’ compensation system is no-fault, meaning you are still eligible for benefits even if the accident was partially or entirely your fault. The only exceptions are if you intentionally injured yourself or were under the influence of drugs or alcohol at the time of the incident.

What types of benefits does workers’ compensation provide?
Workers’ compensation benefits cover medical expenses, lost wages due to temporary or permanent disability, and death benefits for surviving family members if the injury results in a fatality. It also includes coverage for rehabilitation services and necessary medical treatments related to the injury.

What if my employer refuses to report my workplace injury?
If your employer refuses to report your injury to their insurance company, you have the right to file a claim directly with the New Jersey Division of Workers’ Compensation. Seeking legal advice from a workplace injury lawyer can also help you navigate the situation and protect your rights.

How long do I have to file a workers’ compensation claim in New Jersey?
You must report your injury to your employer within 90 days of the accident. If you need to file a formal Claim Petition for workers’ compensation benefits, you have up to two years from the date of the injury or the last payment of benefits.

 

Contact The Epstein Law Firm, P.A., Today

Navigating the workers’ compensation process can be challenging, especially if your claim is denied. If you encounter difficulties, a workplace injury lawyer in New Jersey can help ensure you receive the benefits you deserve.

If you need legal assistance with your claim, contact The Epstein Law Firm, P.A., today to protect your rights and secure the compensation you need.