How to Apply for Workers’ Compensation

Posted August 26th, 2020 by .

Categories: Workers Compensation.

Have you been injured on the job? The workers’ compensation system in New Jersey protects eligible employees who get injured or ill on the job. It covers medical costs, rehabilitation, and lost income until you can get back to work.As it is a no-fault system, you don’t need to prove your employer’s fault. You can receive payments as long as your injury or illness is work-related.

Nonetheless, obtaining these benefits requires you to go through a process. You might be expected to fill out some paperwork or see certain professionals. A North Bergen Workers’ Compensation Attorney can protect your rights and advise you throughout the different stages.

Here is an outline of how to apply for workers’ compensation.

Report Your Injury

In New Jersey, you have 90 days from the date of your injury to inform your employer of your injury or illness. Missing this deadline could make you ineligible for workers’ compensation benefits.

Although you can give the notice by word of mouth, it is advisable to do it in writing. Include the time and date of the injury and the recipient’s identity. This will create an official record of the incident. 

Seek Medical Assistance

Next, you need to see a doctor right away. Explain how you got hurt so they can run some tests and make sure any injury is adequately treated. For billing reasons, you will also need to inform the doctor that your injuries are work-related and covered by workers’ compensation.

In non-emergency situations, you should get treatment from a hospital or clinic of your employer’s choice. Failing to do so could mean that workers’ compensation benefits won’t cover your medical bills.

However, you don’t need pre-authorization if your injury causes a medical emergency.

Check Claim Status

Employers should file a First Report of Injury form with the New Jersey Division of Workers’ Compensation 21 days after receiving notice of injury. If your employer fails to do this, you can inquire about it. You can also contact a North Bergen Workers Compensation Attorney for legal advice.

Receive Benefits/ Get Legal Help

After filing an injury form, your employer or their insurer will investigate your claim. They will then decide to either accept or deny it. If accepted, you will receive payments for your medical expenses and wage-loss benefits.

If your claim is denied, you can have your case reviewed by a workers’ compensation attorney.

File a Formal Claim or Informal Hearing 

Your attorney will review your case and recommend you file a formal claim or an informal hearing. In both instances, your case will be reviewed by a judge. However, the judge’s decision in an informal hearing is non-binding. You can file a formal claim if unsatisfied.

If you file a formal claim, you will be required to present evidence before a judge who will render a decision on your case.

If you disagree with the decision, you can appeal it to the Superior Court Appellate Division.

Talk to a North Bergen Workers Compensation Attorney Today

Attorney Carbone is well versed in the New Jersey workers’ compensation system. He can help you determine your eligibility or bring a claim against a third-party. He can also help you take legal action if you are fired or punished for seeking workers’ compensation.

If you are facing problems with how to apply for workers’ compensation, contact the Law Offices of Attorney Carbone to speak to an expert North Bergen Workers Compensation Attorney.



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