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There is two-year statute of limitations that applies to Workers' Compensation cases. A formal claim petition must be filed within two years of the date of injury or the date of last payment of compensation, whichever is later.
In New Jersey, the ?going-and-coming? rule governs and generally states that compensable accidents occur at the place of employment. There are few exceptions to this rule which allow for an employee's off-site injury to be compensable, and they are extremely fact-specific.
The simple formula for calculating a weekly workers' compensation temporary disability payment is to take your average weekly wage and multiply it by 70 percent (AWW x 70% = weekly wage replacement amount). There are, however, exceptions to this formula, and maximum and minimum thresholds for this pay as well.
If you were injured on the job and are receiving workers' compensation, you can continue to do so until you are fit to return to work. Once you are able to return to work, your employer may terminate your workers' compensation benefits. However, they must notify you before ceasing payments.
If you are unable to work you are entitled to 70% of your wages up to a certain cap amount. This is set by New Jersey Law and depends upon the year of the injury. You are also entitled to receive medical treatment for your work related injury.
Steps in Filing a New Jersey Workers' Compensation Claim Get medical treatment. ... Tell the doctor about your injury and follow your doctor's orders. ... Report your injury. ... Check on the status of your claim. ... Start receiving benefits ? or get legal help. ... File for an informal hearing or file a formal claim. ... Appeal your case.
Within 26 weeks after the worker has reached maximum medical improvement or has returned to work, the insurance carrier or TPA must electronically file a second report, called a Subsequent Report of Injury, with the state.
Some states limit the length of time an injured worker can receive temporary benefits. This range can be three to seven years. That said, there is not usually a limit on permanent disability benefits. However, some states do stop weekly benefits when employees reach the age of 65.