How to File a Workers’ Compensation Claim in NJ
October 11, 2022
Were you injured while working in New Jersey? A workplace injury can lead to expensive medical bills and lost wages. Fortunately, the workers’ compensation program mostly protects New Jersey workers from workplace accidents and injuries. Continue reading to learn the steps to file a New Jersey workers’ compensation claim, including your options if you’re wrongfully denied.
Receive Medical Treatment
One of the first steps following a workplace injury is to receive medical treatment. If it’s an emergency, call 911. If it’s not an emergency, you should still leave work and head to the nearest urgent care center or hospital. Without authorization, you may not receive reimbursement for your medical care. However, if it’s an emergency, it may be worth the risk.
When arriving for medical care, you should notify the healthcare team that your injury is work-related. This helps to create a paper record of proof.
Notify Your Employer
You should notify your employer of the work-related injury as soon as possible. Most states require that you notify your employer within 90 days of the injury, but the sooner, the better. This rule doesn’t require you to notify your employer in writing, but doing so is always a good idea to create a paper trail. This adds evidence to your case.
Work with the Insurance Representative
You may be assigned a workers’ compensation claims representative who will work with you on filing for benefits. Following up on your claim and its status is always a good idea to ensure that everything is done properly. Your employer or the workers’ compensation insurance company must file the report of injury form within 24 days of you notifying them.
Collecting your workers’ compensation benefits should be as easy as that. If your claim is accepted, you should begin receiving reimbursement for medical bills and lost wages. Keep in mind, though, that it is possible that the insurance provider will deny your claim. In this case, you have a right to file an appeal. If your initial workers’ compensation claim is denied, it may be worth it to reach out to a lawyer to assist with the appeals process.
File an Appeal
If your workers’ compensation claim is denied, you’ll want to file an appeal. First, find out why your claim was denied. Sometimes, it’s as simple as missing paperwork or the need for additional information. Otherwise, you can file either an informal hearing or a formal claim of appeal with workers’ compensation.
Your lawyer can help you decide which one is right for you. Both involve different processes, which could lead to your claim being accepted or denied. If your workers’ compensation claim is still denied, you have the right to appeal it to the Superior Court Appellate Division. At this point, it’s generally a good idea to work with a workers’ compensation lawyer for this.
You put hours and hours into your work. When you’re injured doing that same work, it’s only right that your employer covers your expenses. While most employers do the right thing, not all do. You shouldn’t have to fight for your workers’ compensation benefits, but when you do, it’s best to have someone on your side who understands the process.
Contact a Pennsauken Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey 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 experienced Workers’ Compensation attorneys at Garber Law, P.C. represent clients in Pennsauken, Voorhees, Lindenwold, Haddon Township, and all across New Jersey. Call 856-219-4628 or fill out our online contact form today to schedule a consultation about your work injury case. Our main office is located at 1200 Laurel Oak Rd, Voorhees Township, NJ 08043, and we also have an office in Philadelphia, PA.
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.
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