How Does Workers’ Compensation Work in New Jersey?
Posted October 20th, 2017 by Anthony Carbone, PC.
Categories: Workers Compensation.
According to New Jersey’s Department of Labor and Workforce Development, workers’ compensation is a no-fault” insurance program that provides benefits to employees who suffer a job-related injury or illness.
An injured worker will receive benefits regardless of who was responsible. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering, unless an intentional act occurs.
If something happens to you on the job, you need to notify your employer as soon as possible. The notice of the injury may be given to anyone in authority. Under the New Jersey’s workers’ compensation law, the employer’s insurance carrier can select the healthcare provider for the occurred injury(ies).
After this occurs, your employer’s insurance carrier can file a “First Report of Injury” with the State. The employer’s workers’ compensation insurance will then evaluate the claim to determine if the injured worker is compensable under the Garden State’s law. All parties involved during this process.
Depending if the claim is ultimately accepted, the injured worker will be directed to a medical provider for treatment. If the worker is out for more than a week, they will be provided with temporary disability benefits during his or her rehabilitation period.
Within 26 weeks of the injured worker returning or reaching good health, the employer’s insurance carrier is required to submit a “Subsequent Report of Injury”.
In the instance there is a dispute with the employer or insurance provider, the injured worker can file a “Claim Petition” or an “Application for an Informal Hearing”. Common issues that lead to a dispute include whether the injury was work-related or not, the type of medical treatment the injured employee might need, questions about money owed to the injured employee.
Don’t worry about your company not having any kind of coverage for a potential injury. The law requires New Jersey employers have workers’ compensation coverage. If not, there will be consequences for being an uninsured employer, and you can contact the Office of Special Compensation Funds.
It’s also important to point out that no employee or employer can discriminate against a worker who’s claimed workers’ compensation benefits, or gone through any other workers’ compensation situation.
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A work-related accident can be a life-changing experience. Do you have questions? Contact the Law Offices of Anthony Carbone so that we can set up a meeting. We are here to help you during your time of need.
