Jersey City New Jersey Employees Claim Petition for Workers' Compensation

State:
New Jersey
City:
Jersey City
Control #:
NJ-WC365-WC
Format:
PDF
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Description

This is one of the official workers' compensation forms for the state of New Jersey.

How to fill out New Jersey Employees Claim Petition For Workers' Compensation?

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FAQ

New Jersey law requires that all New Jersey employers, not covered by Federal programs, have Workers' Compensation coverage or be approved for self-insurance.

All Corporate Officers are automatically included under coverage and are not permitted to exclude themselves from a policy. New Jersey law is broader than the IRS with regard to the definition of an employer-employee relationship.

In Vitale v. Schering-Plough Corporation, 231 N.J. 234 (2017), the New Jersey Supreme Court held that section 39 of the New Jersey Worker's Compensation Act prohibits a waiver of an employee's claims against third-party tortfeasors.

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 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.

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.

Workers' compensation is a ?no fault? insurance program that provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses. It also provides death benefits to dependents of workers who have died as a result of their employment.

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.

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.

Workers' compensation is a ?no fault? insurance program that provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses. It also provides death benefits to dependents of workers who have died as a result of their employment.

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Jersey City New Jersey Employees Claim Petition for Workers' Compensation