New Jersey Workers’ Compensation Criteria

Workers' compensation is insurance that provides cash benefits and medical care for workers who are injured or fall sick as a direct result of their job. In New Jersey, most workers are protected by workers’ compensation laws. It compensates employees injured on the job for their medical costs and wages lost as a result of those injuries, as well as for long-term permanent disability.

Every worker who performs services for wages in New Jersey is covered under the state workers’ compensation protection. However, workers who are considered to be independent contractors are not protected. In order to protect your right to claim workers’ compensation, you must comply with all relevant criteria, as listed below:

·         Notify your employer as soon as possible that you have been injured.

·         Notice must be given no later than 90 days from the date of your injury.

·         Initiate your workers’ compensation claim with the state within two years of the date of injury. If you fail to do so, you will forfeit your claim under the statute of limitations.

·         Your employer should have you fill out a claim form so that you can officially report your injury, typically within 24 hours of its occurrence.

·         If your employer or their insurer unreasonably delays or denies your claim, they can be held liable for an additional 25 percent of the total amount owed, as well as legal fees incurred as a result of the unreasonable delay. A delay of 30 days or more may be considered unreasonable.

A claims examiner from your employer’s insurance company will interview you, your employer, and any witnesses. If your claim is denied, or your employer refuses to report your accident to their insurance company, speak to a workers’ compensation attorney right away to file a claim with the Division of Workers’ Compensation.

If you are injured at work, your employer is required to pay medical bills related to your workplace injury immediately, even before your Workers’ Compensation claim is formally accepted. However, other benefits like temporary disability benefits or permanent disability benefits will be available to you only after a claims examiner approves your claim. If a claim is approved, you can expect to receive benefits in about two weeks.