You know that you work hard and that your employer covers you under workers’ comp insurance. However, that may be the extent of your knowledge when it comes to your rights as an employee. If you’ve suffered an injury while on the job, you have rights, and it’s in your best interest to familiarize yourself with them.
New Jersey Workers’ Compensation
There are three major factors related to New Jersey workers’ compensation that it’s useful to understand:
1. New Jersey Workers’ Compensation is No-Fault
In New Jersey (as in most other states), injured employees are not burdened with the need to prove that their employers were at fault before recovering on a workers’ compensation claim. Fault, in other words, is not an issue in workers’ compensation claims. In order to bring a valid workers’ compensation claim, your injury must have occurred in the course and scope of your employment – while you were on the job. As a result of this no-fault system, the law nearly always prohibits employees from suing their employers for those damages that are typically available in personal injury cases, such as pain and suffering.
2. New Jersey Workers’ Comp Claims Have Strict Deadlines
To successfully recover on your workers’ comp claim, you must notify your employer of your injuries as quickly as you can. It’s in your best interest to submit your request for medical treatment as soon after the accident as is possible – if it’s an emergency, seek immediate medical attention and deal with workers’ compensation later.
The statute of limitations for New Jersey workers’ compensation claims is two years. If your workers’ comp insurance company denies your claim, you have a limited window of time to file an application for an informal hearing, which doesn’t pause the two-year statute of limitations.
3. The Insurance Company Has the Absolute Right to Pick YOUR Treating Physicians
With very few exceptions (such as in an emergency) the workers’ comp insurance company (or your employer) has the absolute right to choose those physicians whom it will pay to evaluate, diagnose, and treat you for your work-related injuries. If you take it upon yourself to see a medical professional of your own choosing – without prior authorization – you may be on the hook for all associated medical expenses.
If You’ve Been Injured on the Job, Call 201-498-9768 for More Information Today
If you’ve suffered an injury while on the job, then you know how overwhelming the effects can be. Workers’ compensation claims are notoriously complicated, but there’s no reason to go it alone. An experienced workers’ comp lawyer will help guide your claim toward its most just resolution. John L. Schettino is here to help, so please contact or call us at 201-498-9768 for a free consultation today.