Understanding Workers’ Compensation Laws in New Jersey and How it Safeguards You
You may be entitled to workers’ compensation benefits if you are injured while on the job in New Jersey. These benefits can help you pay for medical expenses and lost wages while you are unable to work. However, sometimes employers and insurance companies will try to deny your claim or minimize the number of benefits you receive.
If you have been injured in a work-related accident, it is important to speak with an experienced workers’ compensation attorney in New Jersey who can help you navigate the claims process and fight for the full benefits you are entitled to.
Workers’ Compensation Law in New Jersey
The workers’ compensation laws are governed by the New Jersey Workers’ Compensation Act (N.J.S.A. 34:15-1 et seq.) passed in 1911, which is codified in the New Jersey Statutes Annotated. The Act establishes the workers’ compensation system in New Jersey and sets forth the rights and responsibilities of workers, employers, and insurance carriers.
The workers’ compensation system is a no-fault system, which means that workers are entitled to benefits regardless of who was at fault for the accident. To receive benefits, workers must show that their injuries were caused by their job duties.
In New Jersey, workers’ compensation benefits include medical expenses, wage replacement, and death benefits. Workers’ compensation benefits are paid by insurance carriers, not by the employer.
The statute of limitations for filing a workers’ compensation claim in New Jersey is two years from the date of the accident. Workers who do not file a claim within two years of the accident may be barred from receiving benefits.
Employees who are injured or become ill due to their job have the right to file a workers’ compensation claim. To do so, they must notify their employer as soon as possible after the injury or illness occurs. The employer has 14 days to file a First Report of Injury or Illness with the New Jersey Division of Workers’ Compensation.
Once the claim is filed, the division will investigate to determine whether the employee is eligible for benefits. If the division finds the employee is eligible, it will issue a Notice of Compensation Payable. This notice will specify the number of benefits the employee is entitled to receive.
If the employer disagrees with the division’s decision, it can file a Notice of Appeal in New Jersey, which the employee can fight with the help of a dedicated workers’ compensation attorney. The appeal will be heard by a Workers’ Compensation Judge. The judge will make a decision based on the evidence presented at the hearing.
If the employee is still unsatisfied with the judge’s decision, with the help of their workers’ compensation attorney, they can appeal to the New Jersey Supreme Court.
How a New Jersey Workers’ Compensation Attorney Can Help
The New Jersey workers’ compensation system can be complex, and injured workers may need the help of a competent workers’ compensation attorney to navigate the process and get the benefits they deserve. Lawyers who handle workers’ compensation cases can help injured workers in several ways, including:
- Filing a claim. Injured workers must file a claim with their employer and the New Jersey Workers’ Compensation Board within two years of the date of injury. A workers’ compensation attorney can help ensure the claim is filed correctly and on time.
- Obtaining medical treatment. Injured workers are entitled to medical treatment at the expense of their employer. A workers’ compensation lawyer can help injured workers get the treatment they need, including referrals to specialists and authorization for necessary tests and procedures.
- Negotiating settlements. In some cases, injured workers may be able to settle with their employer without going to court. A workers’ compensation attorney can help negotiate a fair settlement that covers the cost of medical treatment and lost wages.
- Filing a lawsuit. Injured workers who are not able to settle with their employer may need to file a lawsuit. A workers’ compensation lawyer can help injured workers navigate the litigation process and get the compensation they deserve.
Contact Our Office Today
If you have been injured on the job in Jersey City, Newark, Bayonne, Paterson, Hackensack, or any other place in New Jersey, get in touch with the Law Office of James W. Taylor, Jr., to discuss your rights and options. We can help you navigate the workers’ compensation system and ensure you receive the benefits you are entitled to. Just give us a call at 201-418-0143 to book a FREE consultation today.