When you suffer an injury at work, it is important to know what steps to take and to have a general understanding of the timeline of the workers’ compensation claim process in New Jersey.
Notification deadlines
First, you must notify your employer as soon as you realize you are injured. You might not notice your injury immediately.
New Jersey law specifically requires you to report your injury within 14 days. This is generally not a firm deadline. The law goes on to state that you have up to 30 days to report your injury if it will not result in harm to your employer.
The sooner you report your injury, the better. The more time that passes before you report your injury, the better chance you give your employer to cast doubt on the true cause of the injury.
If your situation makes it impossible to provide notice within 30 days, you can have up to 90 days to report the injury if you have a legitimate reason. Some reasons provided include inability, ignorance of the law, fraud or mistake.
For example, your injury may cause you to be unconscious or in a coma for several days or weeks and be unable to report the injury. The law recognized that these situations happen.
Notification requirements
Your notice does not need to be in writing. However, you should give the notice in writing and keep a copy of it if disputes arise in the future. The notice can be given to anyone in a position of authority at your workplace, such as your direct supervisor or a human resources representative.
The notice should state your name and the date and location of the injury. Once your employer receives your notice, they are required to report the injury to their insurance company. If they refuse to report the injury, you can contact the insurance company directly or file a claim.
When the injury is reported to the insurance company, negotiations to settle the claim begin. The length of time these negotiations take depends on various factors.
Filing a petition
If you do not settle the claim with your employer, you can file a petition with the workers’ compensation bureau. You must file this petition within two years of the date of the incident that caused the injury.
The petition must contain specific information about the incident and your employment. Failing to file this petition within two years is usually a permanent bar to workers’ compensation.
The occupational disease exception
An exception to the notice and filing deadlines is the occupational disease exception. An occupational disease is one that arises out of and in the course of your employment and is due to factors associated with your specific place of employment.
Examples of occupational diseases include injuries from exposure to toxic chemicals in the workplace and repetitive motion injuries.
The workers’ compensation process involves requirements and deadlines. Missing just one of these could delay your claim or cause it to be denied.
Being aware of deadlines and following instruction is vital to protecting your rights as a New Jersey worker. You are entitled to workers’ compensation benefits after a workplace injury and following these steps can help you recover benefits as efficiently as possible.