Skillful Workers’ Compensation Attorneys Providing Legal Advice to Injured Employees in Tinton Falls, Mantoloking, Sayreville, Middletown, and the Monmouth and Ocean County Area
The New Jersey Department of Labor and Resource requires that all employers offer workers’ compensation insurance to their employees. Workers’ compensation insurance provides benefits to employees if they are injured on the job due to an accident or develop an illness or chronic injury due to their occupation. As part of the workers’ compensation insurance agreement, an injured or ill employee receives these benefits with the agreement that they will not bring a lawsuit against the employer; this agreement is a reflection of the workers’ compensation program being part of a no-fault system, whereby New Jersey does not require proof of employer fault for an injury or illness. Thus, the employer is not held liable for injury or illness suffered by an employee due to their work, as long as they provide the employee with appropriate benefits.
While employers are required to provide proper safety measures to ensure employee safety while on the job, accidents happen. As an employee, it is important to know what your rights are and how to file a workers’ compensation claim, so you can receive your fair share of benefits to support you in your journey to recovery. Read on to learn more about filing a workers’ compensation claim and what benefits you may be entitled if you are injured on the job in New Jersey.
How do you file a workers’ compensation claim in New Jersey?
One would think that filing a workers’ compensation claim and receiving benefits if you are injured on the job would be a straightforward process; however, there are some hoops to jump through, and having the support of a workers’ compensation attorney could mean the difference between receiving the full extent of the benefits to which you are entitled and not receiving any.
The first step to receiving workers’ compensation benefits is to let your employer know as soon as you have been injured due to an on-the-job accident or have begun to experience symptoms of a work-related illness. In New Jersey, you must report your injury or illness to your employer within 90 days, or you risk not receiving any benefits at all. It is also a wise idea to immediately report your injury to your employer because the employer or their insurance carrier has the right to determine which medical providers will be covered by workers’ compensation benefits. Therefore, before undergoing extensive medical treatment or therapies, having this list is essential.
Upon having reported your injury or illness to your employer, this would be the time to reach out to a member of our team of workers’ compensation attorneys because now that the ball is in the employer’s court, it behooves you to have representation to keep that ball rolling. At the same time, you focus on your own recovery. Once the injury is reported, the employer reports the injury to their insurance carrier, which completes a First Report of Injury form. This First Report of Injury form is provided to the New Jersey Division of Workers’ Compensation, and thus a workers’ compensation claim for your injury or illness is officially filed.
While the workers’ compensation claim may be filed, it is not always accepted. You must await word from your employer’s insurance company as to whether your claim has been approved, which means that all medical expenses related to the work-related injury will be paid. If you require recovery time resulting in lost work and pay, weekly disability benefits will also be paid. A denied workers’ compensation claim may be appealed, and again it is beneficial to have the support of a workers’ compensation lawyer during this process.
What do workers’ compensation benefits cover in NJ?
Workers’ compensation benefits cover a variety of supports for your road to recovery, including medical expenses and treatment – including doctors’ bills, surgeries, and prescriptions, among other medical costs – and lost pay wage up to 70 percent of your regular weekly wage on a temporary or permanent basis (permanent partial or permanent total disability options exist depending on the nature, extent, and duration of your injury or illness). Death benefits are even offered to an employee’s dependents if they die due to a work-related injury or illness.
To ensure that you receive the full workers’ compensation benefits that you are entitled to cover your medical expenses and lost pay wage when you are injured on the job or develop an illness as a result of your occupation, it is important to have skilled workers’ compensation lawyer standing up for your rights.
Contact our Workers’ Compensation Attorneys for a free and confidential consultation at our West Long Branch Office.
If you have been injured on the job or fallen ill due to your work, it is highly advisable to have the assistance and legal counsel of a professional who knows the inner workings of the process to securing benefits for your workers’ compensation claim, while you focus on your full recovery.
At Chamlin, Uliano & Walsh, our attorneys have been protecting the rights of injured workers for over 50 years. Our law firm is dedicated to recovering all the compensation you need and deserve after a workplace accident. With a local office in West Long Branch, we serve as passionate legal advocates for clients with workers’ comp claims and personal injury matters throughout the Jersey Shore, including in Asbury Park, Jackson, Manchester, Wall, Holmdel, and Hazlet.