A workplace injury can turn an ordinary day into a stressful and uncertain situation. You may be dealing with pain, medical appointments, missed work, and concerns about how you will pay your bills. And unfortunately, this has to take place while you’re uncertain about your employer’s reaction.
If you were injured while performing your job, New Jersey workers’ compensation may provide benefits for your medical treatment and, when appropriate, lost wages. Knowing what to do after an injury can help protect your rights and make the process less overwhelming.
Workers’ Compensation Claim Steps
Step 1: Report Your Injury as Soon as Possible
Your first step should be to tell your employer about the injury. New Jersey recommends notifying your supervisor, personnel office, or another person in authority as soon as possible. Notice does not have to be in writing, although a written record can be helpful.
Even if you initially believe an injury is minor, reporting it promptly is important. Some workplace injuries become more serious over time, and waiting can create unnecessary questions about when and how the injury occurred.
Step 2: Get Appropriate Medical Treatment
If you need medical attention, request it from your employer as soon as possible. Unlike many types of personal injury cases, New Jersey workers’ compensation generally allows the employer or its insurance carrier to select the medical providers who treat work-related injuries.
Follow the treatment recommendations you receive and keep records of appointments, diagnoses, medications, restrictions, and other medical information. If your condition prevents you from working, make sure your employer and medical provider understand your limitations.
Step 3: Make Sure the Claim Is Reported
After you report an accident, your employer should notify its workers’ compensation insurance carrier. The carrier then files a First Report of Injury electronically with the State of New Jersey and evaluates whether the claim is compensable.
You should not assume that everything is being handled simply because you told your supervisor. Keep copies of anything you receive from your employer, its insurance company, or your medical providers.
If your employer refuses to report the injury, New Jersey advises injured workers that they can contact the insurance carrier directly or consider filing a claim with the Division of Workers’ Compensation.
Step 4: Understand the Benefits You May Be Entitled To
Workers’ compensation may cover authorized medical treatment related to a work injury. If you are unable to work for more than seven days because of the injury, you may also be eligible for temporary disability benefits during your recovery. Other benefits may be available depending on the nature and extent of your injury.
The important thing to remember is that your claim is about more than the accident itself. The severity of your injury, your ability to work, the treatment you need, and whether you have lasting impairment can all affect the benefits available to you.
Step 5: Know What to Do if Your Claim Is Disputed
An insurance carrier may disagree about whether your injury was work-related, what medical treatment is necessary, or whether you qualify for certain benefits. If that happens, you are not necessarily out of options.
You may file a formal Claim Petition or request an Informal Hearing with the New Jersey Division of Workers’ Compensation. A formal claim petition generally must be filed within two years of the injury or the last payment of compensation, whichever is later.
Because deadlines and procedural requirements matter, getting legal advice early can be valuable.
Protect Your Rights While You Recover
An injury can leave you feeling vulnerable, especially when your livelihood depends on your ability to work. You may worry that reporting an injury will upset your employer or put your job in jeopardy. You may also be concerned about how you will support your family while you recover.
Those concerns are real, but you should not have to choose between protecting your health and protecting your rights.
An experienced injured workers’ attorney can help you understand the claims process. They’ll communicate with the insurance carrier, address disputes, and pursue the benefits to which you may be entitled.
If you have been injured on the job in New Jersey, speak with an experienced workers’ compensation attorney before attempting to navigate a disputed or complicated claim on your own. At Workplace Lawyers, we help injured workers throughout New Jersey understand their rights, pursue their benefits, and navigate the workers’ compensation system.
