After suffering a workplace accident, an employee can file a workers’ compensation claim to obtain valuable benefits that will cover the costs of their medical treatment as well as provide them with a replacement income while they are recovering. However, while most workers are familiar with workers’ compensation in general, few know how the process actually works. Read on to learn more about the workers’ compensation process in Camden County.
The first thing to happen in any workers’ comp claim is that an employee suffers a work-related injury or illness. Workers’ compensation laws cover both on-the-job injuries as well as occupational diseases. An occupational disease is a condition that a worker develops, usually over time, as a result of their job. While occupational diseases are covered under the New Jersey workers’ comp system, these claims are generally harder to prove.
After an accident, the first thing a worker should do is to obtain emergency medical treatment if they need it. While your employer will usually be able to select the doctor that treats you, in emergency cases, workers can (and should) get help wherever they can without regard to an employer’s suggestions.
If you did not need emergency treatment or after your condition has stabilized, it is essential that you report the accident to your employer. While there is no requirement that this notice is in writing, it is a good idea to give written notice to your employer. That way, there is a record of you reporting the accident.
Additionally, you should ask your employer to fill out an accident report. The Occupational Safety and Health Administration requires employers to keep these notices on hand. Even if your employer tells you that there is no need to fill out an accident report, you should insist on completing one.
Once you report a workplace accident to your employer, they have 21 days to file notice with the New Jersey Department of Labor and Workforce Development. In some cases, the employer and their insurance company will determine that a claim is compensable and offer a fair benefit amount. If an employer refuses to act on notice of a claim, you should consult with an experienced Camden County workers’ compensation lawyer.
If your employer’s workers’ compensation company finds your claim is compensable and offers you a fair benefit amount, that’s all there is to it. You will begin to receive benefits, and you are on your way to recovery. However, often, an employer or their insurance carrier disputes either the compensability of a claim or offers benefits that are less than what a worker deserves. In these cases, the worker can file either a formal claim petition or an application for informal hearing. Once a worker files either of these, the case will be assigned to a judge and a district office, based on where the injured worker lives. There is no requirement that injured workers are represented by an attorney, but most claimants decide to enlist the help of an attorney at this point.
If your formal claim or application for an informal hearing results in you not receiving the benefits you think you are entitled to, you can appeal the decision. Workers’ compensation appeals are heard by the New Jersey Superior Court Appellate Division.
If you were recently hurt on the job and have questions about whether you are entitled to workers’ compensation benefits and the best way to obtain them, reach out to a Camden County workers’ comp lawyer. Workers’ compensation lawyers are knowledgeable in New Jersey workers’ comp laws and can help explain what you need to do to obtain the full amount of benefits you are entitled to.
Article Tags, click any to see related articles:
Founded in 1993 by attorneys Steven Petrillo and Scott Goldberg, Petrillo and Goldberg is a Pennsauken, N.J., significant personal injury and workers’ compensation law firm that primarily serves communities in South Jersey and the metropolitan Philadelphia area. We are a premier law firm in the region that helps those who have been seriously injured, serving as referral counsel to multiple area law firms.Our firm consists of four attorneys, all of whom have extensive and highly successful experience practicing law in the areas of significant personal injury, death and workers’ compensation claims. We represent parties who have been injured in automobile accidents, motorcycle accidents,... View full business profile here: Petrillo & Goldberg Law
