How to File For Workers Compensation
Posted July 15th, 2021 by Anthony Carbone.
Categories: Workers Compensation.
If you have sustained injuries at work, you could be eligible for workers’ compensation benefits, which include, but are not limited to:
- Medical insurance
- A portion of your missed earnings while you are recovering
- Permanent disability benefits if your condition has left you with catastrophic injuries
Nonetheless, you must report your injuries and file a claim as per your state’s protocols to obtain these benefits.
Step-By-Step Guide On How To File For Workers Compensation
Step 1: Seek Medical Care
If you sustain injuries in the workplace, consult a health practitioner as soon as possible. If it is not an emergency, you should visit the hospital or facticity your employer has designated. Workers’ compensation will not protect your medical bills if you do not obtain pre-authorization. But if your condition results in a medical emergency, you may not require your boss’s permission to receive care.
Step 2: Inform Your Employer
According to workers’ compensation law, an injured person must inform their boss in writing within ninety days of the accident. If you do not finish this stage, you may lose some or all of your workers’ compensation benefits. A verbal alert is inadequate. Even if you have already informed your boss, you must submit written notice within the specified time frame.
Step 3: Confirm Your Claim’s Status
In 21 days after receiving notification of your injury, your employer should submit an initial ‘report of injury form’ with the New Jersey Division of Workers’ Compensation. It would be best to ask about this report to ascertain whether your employer or insurer has filed it. If not yet filed, it might be the right time to seek expert legal counsel from an experienced Union City Personal Injury Attorney.
Step 4: Begin Collecting Benefits- Or Seek Legal Assistance
Your boss or insurer will assess your workers’ compensation claim and decide whether to approve or deny it. If you are approved, the employer or insurer will cover all of your medical expenses, including transportation and rehabilitation, as well as other wage-loss payments you are eligible for.
On the other hand, if your employer or insurer disputes your claim, you should contact a workers’ compensation attorney as soon as possible. A knowledgeable legal expert will help you determine the appropriate course of action. There are many possible causes of claim denial, including disputes over your condition and its relation to work, missed deadlines, etc.
Step 5: File A Claim
If your claim is denied, most lawyers opt to file a formal claim against your employer or the liable insurance company. Note that various states have a varying statute of limitations which limit the time you have to file a claim. In New Jersey, you have two years from the date of the accident to file your claim.
Unlike what many people assume, not all claims settle in court. Most resolve through negotiation talks, whereby a reasonable settlement amount is agreed upon. But if your case does not settle, your lawyer should be ready to fight for your rights in court. A jury or judge issues the final decision on your case.
Are you looking for help in filing for workers’ compensation in New Jersey? Contact The Law Offices of Anthony Carbone and have one of their professional attorneys on your case. They operate on a contingency fee basis, meaning you do not have to pay until they win your case!
