The New Jersey Workers' Compensation System was created by the New Jersey Legislature to provide benefits to workers who are injured at work or suffer from occupational disease
- Almost every worker in New Jersey who performs services for wages is covered by the law with a few exceptions for federal employees, farm workers and others.
- Under the system, an injured worker is entitled to medical treatment, temporary disability benefits and permanent partial disability benefits. Benefits are also available for the family of a worker in the event of death. In New Jersey, the employer has the right to choose the treating physician.
- If you are injured at work, you must notify your employer as soon as possible
- A knowledgeable attorney will file a formal claim petition on your behalf and negotiate with the insurance company to ensure that you receive the benefits to which you are entitled. If the insurance company refuses to provide benefits, an attorney can file a motion before a Judge of Workers' Compensation who will ultimately decide if benefits should be provided.
- Attorneys are not allowed to charge a fee in advace of these services. Fees are set by the Judge of Compensation only if an award of compensaton is made by the Judge.
- A formal Claim Petition must be filed within two years of the date of injury, last authorized medical treatment or last payment of compensation, whichever is later. For occupational disease claims, the Claim Petition must be filed within two years of the date the worker became award of the condition and its relationship to employment. Any claim filed after two years will be barred by the Statute of Limitations.
- Rembember, New Jersey law prohibits the employer from discharging or discriminating against an employee because the employee has made a claim for workers' compensation benefits.
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