So you have been hurt on the job. You know about workers’ compensation and believe you are entitled to receive benefits. But how does the process work? How do you go about securing the benefits you need?
Step One: Get the Medical Attention You Need
If you have been injured in an accident at work, immediately seek medical attention. If you require emergency treatment, ask your supervisor or others to either call for emergency medical responders or take you to the hospital. If you have a condition that has developed over time, go to your primary care physician as soon as possible.
Step Two: Report Your Injury to Your Employer
Report your injury to your employer as soon as possible. The longer you wait, the greater the risk that your claim will be denied, as your employer may argue that the injury was caused by some other intervening event, or that the injury was not serious enough to prevent you from working. In New Jersey, you must report your injury to your employer not later than 90 days after the date of the accident, or of the discovery of the injury.
Step Three: File a Claim for Workers’ Compensation
You must file a formal claim petition and a motion for medical and temporary benefits with the New Jersey Division of Workers’ Compensation. You can do this on your own, but you are better served to have an experienced attorney assist you with the preparation and filing of the claim. The attorney cannot charge fees in advance for providing this service, but will only be compensated if you are awarded benefits. You must file the claim within two years of your injury.
Step Four: Your Claim is Approved or Rejected
Your employer’s workers’ compensation insurance carrier will investigate your claim to determine whether it has any merit. Within 21 days, the carrier must file a First Report of Injury Form with the state Division of Workers’ Compensation, providing the department with basic information about the injury.
Contact Aronberg & Kouser, P. A., Attorneys at Law
At Aronberg & Kouser, P. A., we have more than 35 years of experience helping people in New Jersey and Pennsylvania. Contact us by e-mail or call our office at 856-429-1700 (toll free at 800-49-JUSTICE). Your initial consultation is free.
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