Find Legal Topics > Employment Laws > New Jersey Workers Compensation

New Jersey Workers Compensation

New Jersey Workers Compensation

 

Workers Compensation Insurance New Jersey

What is Workers Compensation Insurance New Jersey?

Workers Compensation Insurance New Jersey is a no fault insurance program that offers the following benefits to workers who suffer job-related illnesses or injuries:

• NJ Workers Compensation Insurance New Jersey: Temporary Total Benefits

• NJ Workers Compensation Insurance New Jersey: Medical Benefits

• NJ Workers Compensation Insurance New Jersey: Permanent Partial Benefits

• NJ Workers Compensation Insurance New Jersey: Permanent Total Benefits

Additionally, workers compensation insurance New Jersey provides death benefits to dependents of employees who die as a result of their employment. 

Injured workers may receive workers compensation insurance New Jersey regardless of who was at fault for causing the injury or illness. In exchange for workers compensation insurance New Jersey, a worker may not file a civil action against the employer for damages, including pain and suffering. The worker; however, may file such suits for cases of intentional acts.

NJ Workers Compensation Insurance New Jersey: What to do if you are Injured at Work

Workers compensation insurance NJ declare that if you sustain an injury or develop an illness from your work environment you must immediately notify your employer. This notice may be delivered to your personnel office, supervisor or anyone who maintains authority at your place of work. The notice does not have to be delivered in writing. If you require medical treatment, requests should be made to your employer as soon as possible. 

Based on New Jersey Workers Compensation Laws, employers and their acting insurance carriers may select the doctors to treat injured workers for work-related illnesses or injuries. 

NJ Workers Compensation Insurance New Jersey: What is the Employer’s Responsibility after an Injury?

Workers compensation insurance NJ state that when an accident is reported to an employer, they must notify their insurance provider immediately so that a First Report of Injury can be affirmed and filed with the state of New Jersey. 

The employer’s workers compensation insurance provider will evaluate the claim and determine if it is worthy of compensation according to New Jersey Workers Compensation Laws. Following the initial investigation, the insurance provider will contact the injured worker, the medical provider and the individual employer to bolster their assessment. If the claim is accepted, the provider will direct the injured employee to an authorized medical center for treatment. If the worker misses more than 7 days of work, the provider will offer worker temporary disability benefits during the period of convalescence or rehabilitation. 

Within one half year after the employee returns to work or reaches maximum medical improvement, the provider will submit another form to the state referred to as the Subsequent Report of Injury. Workers compensation insurance NJ requires copies of these forms to be sent to the worker for further review. 

NJ Workers Compensation Insurance New Jersey: What happens if I Dispute the Provider’s Ruling?

New Jersey Workers Compensation Laws provides a means to appeal a provider or employer’s decision. In cases of dispute—regarding the entitlement to workers compensation benefits--between injured employees and their respective employers and/or insurance providers ], the employee may either file a formal Claim Petition or an Application for an Informal Hearing with the state’s Division of Workers’ Compensation. 

Disputed cases may revolve around whether the injury or illness was considered work-related, the extent and type of medical treatment and/or the payment of disability benefits.

NJ Workers Compensation Insurance New Jersey: Filing a Workers Compensation Claim in New Jersey:

In cases where a worker and their employer or the employer’s insurance provider dispute over entitlement to benefits, the worker may either file an Application for an Informal hearing or a Claim petition. Upon these filings, the case will be assigned to a judge and a district office in the injured worker’s county of residence.  

According to New Jersey Workers Compensation Law, the injured worker may file a formal or informal claim. New Jersey Workers Compensation Law states that the injured employee may file a petition with the division within the state’s statutory time period. The first hearing before a formal court is typically held six months after the filing. 

The bulk of claim petitions are settled via negotiations and mutual agreement; the amount of benefits and the extent of disability are affirmed between the two parties in an informal claim. If the issues cannot be resolved during the pretrial stage, a formal trial will commence and testimonies will be provided by the injured workers, along with law and medical witnesses. When the trial ends, the presiding judge—according to New Jersey Workers Compensation Law—renders a decision based on the relevant evidence surrounding the matter. New Jersey Workers Compensation Law states that the judge’s rulings must be binding. New Jersey Workers Compensation Law also states that all final decisions may be appealed to the Appellate Division of the town’s Superior Court. 

Injured workers—according to New Jersey Workers Compensation Laws—have the ability to file informal claims with the division. Informal hearings are proceedings made available to resolve issues without resorting to lengthy litigation. According to New Jersey Workers Compensation Laws, informal hearing will evaluate issues such as the amount of medical treatment, temporary benefits and permanency benefits. 

Suggestions offered by judges during informal hearings are never binding on either party. Legal representation, although allowed by New Jersey Workers Compensation Laws, is not required during these hearings. That being said, in more complicated filings—those that delve deep into New Jersey Workers Compensation Laws—or those cases that deal with substantial injury compensation, a legal professional is often needed. Securing the assistance of professional legal counsel will typically cost the injured worker 10% of the awarded amount. Informal claims are most often resolved within the first or second hearing. 

 

Related Topics