Who Is Eligible to File a Work Compensation Claim?
In the state of New Jersey, if you have been injured while performing your work duties, you are eligible for filing a work comp claim. Put simply, regardless of who or what caused the accident during which the worker was injured, the case still qualifies for work compensation. What's more, there is no need to prove negligence on the employer’s part to qualify for collecting benefits.
Filing a Claim – What Steps to Take
After an accident in which a worker sustained an injury, certain steps have to be taken even prior to filing a claim. A great number of workers is not familiar with the process, which puts them at risk of skipping the necessary steps, ultimately resulting in losing the benefits altogether or receiving only a portion of the compensation. It’s always advisable that the injured employee consults a doctor and receives medical attention as soon as possible.
In addition to seeking medical help, the employee should also inform their employer of the accident and the sustained injury. The employer should notify their insurance provider so that they can recommend a suitable doctor or arrange for the employee to consult a doctor of their choosing. If the employee has already consulted a doctor, they may be compensated for the medical expenses or they will have to cover them themselves. That is why it’s essential that the insurance provider is notified as soon as possible.
The injured worker has 90 days to report the injury after it was acquired or discovered. The latter usually applies to work-related illnesses that may have been contracted earlier but have only been discovered recently. It’s usually not necessary to submit a written notice. However, it’s advisable that the injured employee has written record of the date when they notified their employer of the injury.
Steps to Take when Dealing with Insurance Companies
After the employer has been notified of their employee’s injury, they are to inform their insurance company. In turn, the insurance company drafts a report and submits it to the state. Simultaneously, an investigation into the specific circumstances under which the injury took place is initiated by the insurance company. During the investigation, the insurance company will ascertain whether the work compensation claim is to be approved, terminated or modified.
Injured workers should be well aware of the fact that their employer’s insurance carrier may not be willing to pay the full amount for the compensation. It’s wise to expect they will do whatever is in their power to minimize the amount. Therefore, the injured worker should be psychologically prepared for the investigation.
In times like these, it’s wise to have an experienced work injury attorney at your side. Skilled lawyers at New Jersey Workers’ Compensation Attorney Group can help you through the difficult times and make sure you put your health first, while also securing you get the benefits for your medical expenses or wages you might have lost. If the injury resulted in the death of the worker, our lawyers will assist their family in obtaining death benefits.
Premier New Jersey Work Injury Lawyer Provides Reliable Guidance
Even if you make the effort to understand the claims process on your own, you might be overwhelmed with the amount of information. Even though the State of New Jersey Department of Labor and Workforce Development website is comprehensive, to a layman it can prove to be too much to take in. That is why our dedicated attorneys make sure they thoroughly explain the process to you, and also take care of the extensive paperwork. Don’t risk a delay in obtaining your benefits or losing the benefits altogether because of clerical errors you didn’t pay attention to. Let our skilled work compensation attorney submit the paperwork properly and in a timely manner.
Impeccable Referral System and Perfect Attorney-Client Match
Seasoned attorneys at New Jersey Workers’ Compensation Attorney Group have extensive experience in dealing with cases similar to yours. When you contact our joint marketing group, we will make sure to refer an aggressive work injury attorney who has the knowledge and skills necessary to get you the benefits you are entitled to by law. Every attorney we refer works on a ‘’no recovery, no fee’’ basis, so you won’t have to pay anything until your claim is resolved. Give us a call today at 973-500-4010.