Q How do I file a workers' compensation claim in New Jersey?
If you have been injured on the job in New Jersey, you must inform your employer, seek medical treatment and begin the Workers' Compensation claim process as soon as possible. If your employer’s insurance carrier evaluates your case and denies you benefits, you’ll need a New Jersey Workers’ Compensation attorney to help you fight for a fair settlement.
How to File a Workers’ Compensation Claim
There are two ways to go about filing a Workers’ Compensation claim in New Jersey. The first is to request an informal hearing – a proceeding that is intended to resolve the dispute via mediation between the injured and the employer / insurance carrier that is not as lengthy or as involved as a formal hearing.
At an informal hearing, a judge will examine your medical records and may ask you questions about your injury and how it has affected your physical activities. The judge will recommend a settlement, which is not a judicial decision; if you and your insurer agree on the settlement, you will sign an agreement. Payment should be provided to you as soon after.
You may also file a formal claim petition with the Division of Workers’ Compensation (DWC). Presided over by a judge of compensation, the trial will involve testimonies from the injured worker, medical doctors and any witnesses. The judge will render a decision, which is binding and may be appealed by the Appellate Division of the Superior Court.
Bear in mind that the statute of limitations for filing a Workers’ Compensation claim is two years from the date of injury or the date of the last payment of Workers’ Compensation.
Injured on the job? Our Morristown Workers’ Compensation Attorney Can Help
Since 1992, the law offices of Manfred F. Ricciardelli Jr. have fought employers and insurance carriers in New Jersey for fair compensation for employees injured on the job. With a background working as an in-house lawyer for a major insurance company in the Workers’ Compensation department, Mr. Ricciardelli knows what companies look for in order to challenge your claim. For a free consultation, call (973)-285-1100 today.