New Jersey law requires employers to obtain workers’ compensation insurance or obtain approval to be a self-insured provider. An employee must report any work-related injury to their employer, who must in turn, report it to their insurance company. A claim for Worker’s Compensation benefits must be filed within two years of the last date of authorized treatment (of it treatment was not provided by the Worker’s Compensation carrier, then two-years from the accident).The most common method this occurs is as a formal claim. Once filed, the court will assign a district office and judge correlating with the claimant’s residence. If they live out of state, the court will go based off the employer’s location. Workers' compensation claims are not lawsuits against your employer, but can in some cases involve third party lawsuits.
Common reasons to file a claim include:
- Determining whether the injury was work-related
- Payment of temporary disability benefits
- The type and seriousness of the injury
- Determining permanent disability benefits
- Requiring the carrier to provide reasonable and necessary medical treatment related to the accident or occurrence
- Securing the right to obtain medical treatment in the future
- Securing the right to reopen the claim should the medical condition get significantly worse
To file a formal claim, contact our workers’ compensation attorneys. We will help you process the necessary paperwork and build a case. The judge listens to both sides before imparting their final ruling, which is binding. The only way to appeal the judge’s decision is through the Appellate Division of the Superior Court.
In terms of statutes of limitation, the Department of Labor and Workforce Development states,
There is a two-year statute of limitations that applies to workers' compensation cases. A formal claim petition must be filed within two years of the date of injury or the date of last payment of compensation, whichever is later. In cases of occupational illness, such as asbestosis, lead poisoning or hearing loss, the claim petition must be filed within two years from the date the worker first became aware of the condition and its relationship to employment. Please note that the filing of an application for an informal hearing does not stop the two-year statute of limitations from running.
At Levinson Axelrod, our workers’ compensation specialists can assist you through the overwhelming process of filing a claim in New Jersey. Contact us today to schedule a free consultation. We will review the details of your case, inform you of your rights, and form the best plan of action for you.