Workers’ Compensation in New Jersey
If you know someone who has suffered an injury while on the job, you’ve likely heard of workers’ compensation. Under this system, injured employees are able to receive medical treatment and have a portion of their wages replaced after being injured in a work-related accident or becoming ill on the job. This system is governed by a set of laws, and under these laws the employers and the employees have a number of responsibilities. Here is a brief guide to workers’ compensation in New Jersey.
What Is Workers’ Comp?
Workers’ compensation is a type of insurance program that insures employees for illnesses and injuries that happen on the job. The program is mandated by state law, and in New Jersey that is Statute Title 34. Labor and Workmen’s Compensation 34 § 15-1. If an employee is injured on the job, they are entitled to receive medical care after sustaining that injury (or illness). Injured employees are also entitled to receive a certain portion of their wages while they are off work for the treatment of such injury or illness.
Who Is Entitled To Workers’ Comp Benefits?
All New Jersey businesses with employees – except for those covered by federal programs – are required to carry workers’ compensation insurance. Whether or not you call the Garden State home, New Jersey employees are usually covered by workers’ compensation insurance as required by law. There are exceptions to the requirement with regard to the types of employees who must be covered, including volunteers for nonprofits, farm workers, and most domestic workers. There are separate standards for these vocations.
What Injuries Are Covered Under Workers’ Comp?
Workers’ comp is meant to compensate employees who sustain work-related injuries. New Jersey also expands this definition to include illnesses that are work related, as long as it meets specific criteria dictated by law. The work-related injury may not have to be caused by a single incident. For example, repetitive stress injuries or an illness that results because of continued exposure to certain chemicals in the work environment may trigger a workers’ compensation claim.
The Claims Process
If you are injured on the job, the first thing you need to do is seek medical attention and let your employer know about the injury. Some companies have a specific form you need to fill out to provide notice that a workers’ comp claim is necessary. Most companies required this notice within 14 days, and you have up to 2 years to file a claim. Be sure to ask your company about the notice process and time limits for filing a claim.
Sometimes your employer may reject your claim. This is when you should contact an attorney. Yes, you need an attorney!
If you feel that your claim has been wrongly rejected, you may be entitled to collect money by filing a formal claim with the New Jersey Workers’ Compensation Courts. Only a New Jersey licensed lawyer can file a formal claim, though. If you do not file a formal claim, you will not collect what you are entitled to and your rights to medical treatment may be negatively affected.
Contact A New Jersey Workers’ Compensation Lawyer to Discuss Your Work Injures Today!
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey state workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. The skilled attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC represent clients injured on the job in Westfield, Cherry Hill, New Brunswick and all throughout New Jersey. Call 877-423-4878 or fill out our online contact form to schedule a free consultation about your case. We have several offices, conveniently located in Scotch Plains, Westfield, Morristown, East Brunswick, Clifton, Cherry Hill, and Newark, New Jersey.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.