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- New Jersey Workers' Compensation Law
New Jersey workers’ compensation is a “no fault” insurance program that offers benefits to workers who suffer job-related injuries or illnesses. Injured New Jersey employees may be eligible for the following benefits:
- Medical benefits
- Permanent total benefits
- Permanent partial benefits
- Temporary total benefits
Families can also recover death benefits if an employee dies as a result of job-related injuries or illnesses.
New Jersey employees who are injured at work can receive benefits, regardless of fault. However, by accepting New Jersey workers’ compensation benefits, the employee cannot sue the employer for additional damages, except in the rare case of intentional wrongdoing.
New Jersey Injuries at Work
If you suffer a work-related injury in New Jersey, you should notify your employer immediately. You may inform your immediate supervisor, the personnel office, or anyone in charge at the company. This notice does not have to be in writing. If your work injury requires medical treatment, a request should be made to your employer immediately. In New Jersey, the company and/or their insurer has the authority to select the doctor who treats employees for their work injuries.
After reporting your work-related injury, your employer must notify their insurance company as soon as possible so a First Report of Injury form can be filed. The insurance company will then evaluate the workers' conpensation claim to determine whether it is compensable under New Jersey workers’ compensation law. If the claim is approved, the insurance carrier will direct the injured New Jersey worker to a pre-selected physician for treatment. If the injury keeps the employee away from work for seven or more days, he or she will receive temporary disability benefits during the recovery period.
Within 26 weeks after an employee returns to work or reaches maximum medical improvement, the insurance company must submit a form known as the Subsequent Report of Injury. A copy of this document is sent to the injured New Jersey worker for their review.
If a dispute over benefits arises between the injured employee and the insurance company and/or employer, the worker can file a Claim Petition or an Application for an Informal Hearing with the New Jersey Division of Workers’ Compensation. Disputed issues may include:
- Whether the injury/illness was work-related
- The extent and type of medical care
- Payment of temporary disability benefits
New Jersey law requires all employees, not covered by Federal programs, to have workers’ compensation insurance or be approved for self-insurance. If your New Jersey employer does not have workers’ compensation insurance, you can report them by calling (609) 292-0165. Likewise, if your employer discriminates against you for exercising your workers’ compensation rights, contact a New Jersey workers’ compensation attorney immediately.
If you were injured at work in New Jersey, fill out our free form on the right. In most cases, the benefits offered by workers’ compensation programs rarely exceed the bare minimum. Our New Jersey workers’ compensation lawyers may be able to maximize these benefits, so feel free to contact us today.