Workers’ compensation is a â€œno faultâ€ insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.
- Medical Benefits
- Temporary Total Benefits
- Permanent Partial Benefits
- Permanent Total Benefits
It also provides death benefits to dependents of workers who have died as a result of their employment.
An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts.
What To Do If You Are Injured
You should notify your employer as soon as possible. The notice may be given to your supervisor, personnel office, or anyone in authority at your place of business. Notice does not have to be in writing. If you need medical treatment, a request should be made to your employer as soon as possible. Under the NJ workersâ€™ compensation law, the employer and/or their insurance carrier can select the physician(s) to treat injured workers for work related injuries.
Employerâ€™s Responsibility After An Injury
Once an accident is reported to an employer, they should notify their insurance carrier immediately so that a First Report of Injury can be filed with the State.
The employerâ€™s WC insurance carrier will evaluate the claim and determine if itâ€™s compensable under the WC law. They will contact the injured worker, the employer and the medical provider to make this assessment. If the claim is accepted, they will direct the injured worker to an authorized medical provider for treatment. If time out of work extends beyond 7 days, they will also provide the injured worker temporary disability benefits during the period of rehabilitation.
This expert testimonyâ€”combined with our vast knowledge of New Jersey lawâ€”allows us to build a strong case backed by facts, not suppositions or anecdotes. Our highly trained staff will secure all necessary medical records, and weâ€™ll argue your case using technology and anatomical models.
Within 26 weeks after the worker returns to work or reaches maximum medical improvement, the insurance carrier is required to submit another form to the Division called the Subsequent Report of Injury. A copy of this form is sent to the worker for their review.
If you have been involved in a work related injury, you need to contact an expert to make sure you receive the care you need, to make sure you receive temporary wages to replace those you have lost, and be awarded for your loss of function in a permanency award. Please contact us immediately to make sure you follow the appropriate steps and to make sure you receive the appropriate care and compensation you deserve.
Contact us for a free consultation and let us counsel you in your workers’ compensation matters.