The overall number of incidents of workplace injuries and fatalities has decreased over the past few years. Despite an employer’s legal obligation to keep employees safe, however, workplace injuries still occur. Employees that experience a work-related injury may need to file a workers’ compensation claim. Workers’ compensation provides a source of income benefits to employees who are temporarily unable to perform their full work responsibilities due to a workplace injury. In the State of New Jersey, a Statute of Limitations exists to restrict the employee to filing a workers’ compensation claim after a certain period of time. Thus, it is necessary for the employee to be aware of the laws to know the viable time period required for filing the claim.
New Jersey’s Statute of Limitations for Workers’ Comp Claims
In order to successfully file a workers’ compensation claim, the process must be initiated within either the first two years of the incident that caused the injury or the date of the final authorized doctor visit regarding treatment for the injury. The injured party has the option of requesting an informal hearing or filing a formal claim regarding the workplace injury, depending on the individual’s preference. Regardless of which approach the employee takes, however, the Statute of Limitations of two years still applies and will not be impacted by the initiation of an informal hearing. Thus, the statutory time limit will still be determined by the parameters of current New Jersey law.
The Statute of Limitations for Workers’ Comp Claims Involving Occupational Hazards
Injuries that develop over time due to the repetitive physical stress of a job requirement or the repeated exposure to a hazardous material at the workplace fall under the same time restraints as other workplace injury claims. For repetitive stress or repetitive exposure injuries, the Statute of Limitations for filing the workers’ compensation claim is restricted to within two years of the date that the employee knew or should have known of the condition and its relationship to work. Since the burden of proof in accidental and occupational injury claims lies with the employee, official documentation of a confirmed diagnosis is essential for determining the dates of the Statute of Limitations regarding that claim.
Legal Representation and Workers’ Compensation Claims
In general, it is necessary to obtain the services of experienced attorneys that are established in workplace injury law in order to protect the interests of the injured employee. The employer will be similarly represented by attorneys skilled in handling workers’ compensation claims from the perspective of the employer. The legal team at Petro Cohen, PC possesses the ability to review the details of a claim and determine the compensability of the injury in question. Our attorneys are skilled at effectively managing the employee’s claim with a level of professionalism necessary for negotiating the terms of the settlement. Claims regarding workplace injuries can be complicated, but Petro Cohen has the experience to handle it. Call today or fill out the online contact form and we will be in touch promptly.