In New Jersey, as in all other states, when you have sustained an injury in the workplace, you generally have a right to pursue benefits through the state’s workers’ compensation system. The workers’ compensation laws were set up to provide benefits to both employers and employees. Legislators intended that employees benefit from the streamlined process, so that payment of benefits would start much sooner than if a lawsuit had make its way through the courts. Legislators also established guidelines for payouts, so that employees don’t have to worry about unreasonable jury verdicts.
To pursue workers’ compensation benefits in New Jersey, you must first qualify. There are only two requirements—you must have been working at the time of the injury, and you must have been hurt. After you have sought any required medical attention, you must notify your employer as soon as possible, but no later than 30 days after the injury. Your employer may require that you undergo a physical examination, and has the right to choose the examining physician. That does not mean, however, that you cannot receive treatment from your own physician.
When you notify your employer of your injury, your employer will notify the company’s workers’ compensation insurance provider. Based on the finding of the examining physician, or upon other evidence, the workers’ compensation will either approve or deny your application for benefits. If your petition is denied, you have the right to file either a formal claim petition or an application for an informal hearing with the New Jersey Division of Workers’ Compensation. A workers’ compensation judge will then be assigned to your case and the hearing will be scheduled. Based on testimony at the hearing, the judge will either approve or reject your claim.
We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.