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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.
After the individual is released from medical treatment, workers' compensation cases are completed within an average of nine months. When the employer and the employee agree on a monetary settlement, the parties will then proceed before the court for the settlement hearing.
In cases of dispute between an injured worker and the employer and/or insurance carrier over entitlement to benefits, the worker may file either a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers' Compensation.
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.
While you have up to two years to file a claim for benefits, you must notify your employer within 90 days of the injury to preserve your right to Workers' Compensation benefits. In fact, if you notify your employer within the first 30 days after the workplace injury occurred, you are assured of full Comp benefits.
To reopen a New Jersey workers' compensation claim, you must file a request within two years of your final benefits payment. After two years beyond that final payment, your claim will be considered permanently closed.
File an Application for an Informal Hearing or a formal Claim Petition. The first decision you will need to make when appealing a denied workers' compensation claim is to choose between filing an Application for an Informal Hearing or a formal Claim Petition.
Common reasons for having your WorkCover claim rejected in NSW are because you didn't supply evidence of your injury, or your employer or insurer objected to the claim and provided a more compelling argument. You may also have failed to follow the proper steps for filing your claim in the wrong jurisdiction.
Under New Jersey workers' compensation law, employers cannot be sued for work injuries. However, the law does not bar workers from filing suit against non-employers who may have played a role in causing an accident at work.
I was awarded Disability Benefits by a Workers' Compensation Judge. When will I receive my benefits? The Workers' Compensation Insurance carrier has, by law, 60 days in which to process the payment after which time you may be entitled to receive simple interest on the delayed payments.