How to File a Workers’ Compensation Claim in New Jersey
If you were injured on the job in New Jersey, you may be entitled to benefits through a workers’ compensation claim. To begin this process, you must notify your employer, seek approved medical care, and follow a series of steps to secure your benefits. This includes tracking the status of your report, receiving compensation, and potentially filing a petition if your claim is denied.
Feeley & LaRocca and their workers’ compensation attorneys are here to provide New Jersey employees with guidance and legal representation in their workplace injury matters.
What is a Workers’ Compensation Claim?
A workers’ compensation claim is a legal request for benefits filed by an employee who has suffered a job-related injury or illness. The New Jersey Workers’ Compensation system is designed to provide wage replacement, medical treatment, and financial compensation without requiring a lawsuit against an employer. This no-fault system allows injured workers to receive support regardless of who was at fault, provided the injury occurred during employment.
Public employees, such as those under the New Jersey Teacher Pension System, are equally entitled to workers’ compensation benefits when they are injured while performing their duties. These claims ensure injured workers are not left without income or medical care during their recovery.
Steps on How to File for a Workers’ Compensation Claim
Seek Medical Treatment
Your health is the top priority. Immediately seek medical attention after any workplace injury. In New Jersey, your employer or their insurance carrier may direct you to an approved medical provider. Ensure that you follow their instructions and maintain records of all diagnoses, treatments, prescriptions, and follow-up care. Prompt treatment not only supports your recovery but also provides the necessary documentation to strengthen your workers’ compensation claim.
Notify Your Employer Immediately
You must notify your employer as soon as possible after your injury. This notification can be verbal or written, but written notice is recommended for record-keeping. Failing to report your injury promptly could delay or jeopardize your eligibility for compensation. Your employer is then required to file a First Report of Injury with the Division of Workers’ Compensation.
Check the Status of Your Injury Report
After your employer submits the report, their insurance provider will evaluate your claim and determine your eligibility. It’s important to follow up to ensure the report was filed correctly and to monitor the status of the claim. You should also keep a copy of any communication or paperwork related to the incident. If approved, the insurer will begin providing compensation for medical treatment, temporary disability benefits, and in some cases, permanent partial or total pension benefits.
Receive Your Compensation
Once your claim is approved, you will start receiving workers’ compensation benefits. These may include:
- Medical treatment costs
- Temporary total disability benefits (usually 70% of your average weekly wage)
- Permanent partial or total disability awards
- Pension support in severe or long-term cases
What to Do If Your Compensation Claim Is Rejected?
Unfortunately, not all claims are approved. If your workers’ compensation claim is denied, you still have options to pursue your benefits.
File a Claim Petition
You may file a formal Claim Petition with the New Jersey Division of Workers’ Compensation. This triggers a workers’ compensation hearing process before a judge, during which you can present evidence supporting your case. It is highly recommended to have a qualified attorney represent you during this process to ensure your rights are protected.
Appeal Your Case (If You Disagree with the Judge’s Decision)
If the judge denies your claim, you can file an appeal with the New Jersey Appellate Division. This process involves submitting legal arguments and supporting evidence for review by a higher court. Having a reliable workers’ compensation attorney can make a significant difference in your appeal’s outcome.
Your Workers’ Compensation Attorney’s Role
Filing a workers’ compensation claim in New Jersey requires quick action, attention to detail, and knowledge of your rights. Your attorney plays a critical role in ensuring your claim is filed correctly, documented, and defended. They help gather medical evidence, prepare documentation, negotiate with insurance carriers, and appear before judges when necessary.
Ease Your Workers’ Compensation Claim Concerns With The Right Legal Partner
Feeley & LaRocca, LLC has helped countless clients recover the compensation they deserve. If you need support with a work injury or disability claim, speak with a trusted workers’ compensation and disability attorney today.
Schedule a call for a free case evaluation.