Whether through no fault of your own or an unavoidable workplace accident, injuries on the job happen. However, what you do in the immediate aftermath of a work injury can impact how successfully your workers’ compensation claim is resolved. If you or a loved one has experienced a work injury working for a New Jersey employer, there are important steps you should take to properly report the incident to your employer and lay the foundation for a workers’ compensation claim. Your health and safety are the top priorities. With the right guidance from the experienced attorneys at Gelman Gelman Wiskow & McCarthy, we can help you secure the medical treatment and lost wage benefits you rightfully deserve to get you on your road to recovery.
What is a “Work Injury” in New Jersey?
In New Jersey, a work injury is an injury that arises out of and in the course of employment. This means that if you are injured while you are doing your job, you may be eligible for workers’ compensation benefits. Workers’ compensation is a type of insurance that employers are required to have. It provides benefits to employees who suffer work-related injuries or illnesses. These benefits cover medical expenses, lost wages, and rehabilitation services. Work injuries can include accidents, repetitive strain injuries, occupational illnesses, and psychological injuries caused by work conditions.
Notify Your Employer Immediately
The first thing you should do when you get injured while at work is to report it immediately to your employer. The New Jersey Workers Compensation Act requires employees to report their workplace injuries within 90 days. However, it is advisable to report the injury to your employer as soon as possible after it occurs. It is essential to report the injury to your employer in writing. Provide details about how the injury happened, when it occurred, and what body part was affected. This is crucial as it ensures that your employer is aware of the incident and can take the necessary steps to minimize the risk of similar incidents happening in the future.
In addition, employers are required by law to report any work-related injuries to the New Jersey Workers’ Compensation Insurance Rating Bureau.
Seek Medical Attention
After notifying your employer, seek medical attention immediately. You can go to the nearest emergency room or an approved medical provider for treatment. Ensure you inform the medical practitioner that the injury is work-related so they can provide appropriate medical records that will be used to process your compensation claim.
Fill the Workers’ Compensation Claim Forms
Your employer will provide you with the necessary documents to fill out when reporting the injury. These forms include an Employee Claim Petition, an Employer’s First Report of Injury, and a Treatment Authorization Request. You should fill out the details accurately and provide all the necessary information. It’s important that you fill out the forms promptly to avoid delays in processing your compensation benefits.
Follow Up With Your Employer and Insurance Company
After reporting the injury, you should follow up with your employer and insurance company to make sure that your compensation benefits are processed to completion. Keep a record of all correspondences and documents related to the claim as they may be required in case of any disputes.
Protect Your Legal Rights
It is illegal for employers to retaliate against you in any way for asserting your workers’ compensation rights. If your employer retaliates against you, you may be entitled to additional compensation. Your attorney can help you understand your legal rights and protect them if necessary.
What is a Third-Party Claim?
In some cases, an injured employee may be able to pursue a third-party claim against someone other than their employer. This may be possible if the injury was caused by a defective product or the negligence of another person or company.
What Should an Employee do if Their Workers’ Compensation Claim is Denied?
If an employee’s workers’ compensation claim is denied, they have the right to file an appeal. They should consult with an experienced attorney who can help them navigate the legal process.
Hire an Experienced Attorney
If the process of reporting your work injury is overwhelming, you should consider hiring an experienced workers’ compensation attorney who will guide you through the process. Your attorney will ensure that your rights are protected and that you receive all the compensation benefits you are entitled to under New Jersey law.
Get Your Workers’ Compensation Claim in New Jersey Moving!
Reporting a work injury in New Jersey can be a complicated process, but by following these steps, you will have a better understanding of how to file a successful compensation claim. Remember, prompt notification of the injury to your employer, seeking medical care immediately, and accurately filling out the necessary claim forms are the keys to a successful claim. If you have any questions or need help reporting your work injury, do not hesitate to contact Gelman Gelman Wiskow & McCarthy today at any of our five New Jersey locations for assistance.
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