If you were recently hurt on the job, have been unable to return to work, and face significant medical expenses, you may be wondering what your rights and options are. You have come to the right place if you are curious about how New Jersey workers’ compensation works. This article provides a comprehensive guide to workers’ compensation NJ rules and regulations.
New Jersey Workers’ Compensation
New Jersey employers must have workers’ compensation coverage for employees who become injured or ill during their employment. Generally, all New Jersey employers must carry workers’ compensation coverage, with only a few exceptions. Additionally, only employees, not independent contractors, are entitled to benefits.
New Jersey Workers’ Comp Benefits
Workers’ compensation insurance aims to provide necessary medical and wage benefits to injured employees while shielding employers from personal liability for on-the-job accidents.
New Jersey workers’ comp benefits provide medical treatment, wage replacement, and permanent disability compensation to injured employees.
Medical Treatment and Costs
Benefits cover all necessary medical costs for an injured eligible employee, including ER visits, prescriptions, surgeries, and physical therapy. Workers’ comp also provides for future and continued medical costs.
Wage Replacement Benefits
Often, when employees are recovering from an injury, they are completely unable to work or work in the same capacity as before their injury. Workers’ compensation provides for wage replacement benefits, which can vary depending on the situation and can even change throughout the injured workers’ recovery.
NJ workers’ compensation insurance provides different types of disability benefits, including:
- Temporary total disability (TTD),
- Temporary partial disability (TPD),
- Permanent partial disability (PPD), and
- Permanent total disability (PTD).
You can learn more about these benefits by visiting the New Jersey Department of Labor website or contacting our office for a free case assessment.
New Jersey workers’ comp can also provide for vocational training and death benefits.
How Does the New Jersey Workers’ Compensation Process Work?
In New Jersey, the workers’ compensation claims process will be similar for almost every injured employee. However, this process can be complex. Experienced legal representation from a seasoned New Jersey workers comp attorney is critical to ensure you receive the benefits you deserve. Here is an overview of how NJ’s workers’ compensation claims process typically proceeds.
Report the Injury to Your Employer
After receiving any necessary emergency medical care, you must immediately report your injury to your employer, supervisor, or manager. In turn, they must file a First Report of Injury form with the New Jersey Division of Workers’ Compensation within 21 days of your notice. Failure to report the injury promptly could affect your eligibility for benefits.
Get Medical Treatment
You should seek medical treatment from an authorized doctor chosen by your employer’s workers’ comp carrier. You must follow your physician’s treatment plan to be eligible for continued benefits.
Benefit Determination
After reporting your injury and speaking with your doctor, you may be entitled to various workers’ compensation benefits. Notably, you do not have to accept a workers’ comp settlement that is less than what you reasonably deserve for your injury. An experienced workers’ compensation attorney will advise you as to the benefits to which you are entitled.
File a Claim Petition
In order to resolve your claim and obtain the full benefits you deserve; your attorney will need to file a claim petition with the Division of Workers’ Comp. If the parties agree to a settlement, your case will need to go before a Judge of the Division of Workers’ Compensation so that the Court can approve the settlement. If the parties cannot agree, then there will be a trial before a Judge of Workers’ Compensation and a Judge will make a decision regarding your claim. The majority of workers’ compensation cases are resolved via settlement between the parties
Insurance Investigation
Once you file a claim, the comp carrier will investigate the circumstances surrounding your injury and review your medical records and the extent of your injuries to determine the validity of your claim. This process can take several weeks or months.
An experienced New Jersey workers’ compensation attorney is essential to guide you through the process.
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