Workers Compensation in Newark, NJ
You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by New Jersey state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Newark, NJ workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Newark, ?
The US Bureau of Labor Statistics reported that 60% of workplace injuries in New Jersey occurred in the trade, transportation & utilities, and education & health services sectors. Those high-injury sectors are also the top employment sectors in Newark, the State’s largest city. Therefore, it is not surprising that New Jersey’s Department of Health reported that workers’ compensation benefits paid exceeded 3 billion dollars annually.
How Does Workers Comp Work in Newark, New Jersey?
Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim.
New Jersey’s Department of Labor and Workforce Development stipulates all employers, not covered by federal programs, must have workers’ compensation coverage. Consequently, almost all Newark employees should be covered, starting on the first day of employment. However, unpaid volunteers and interns are exempt. Typically, benefits for injuries and illness include medical treatment, temporary disability for lost wages, and compensation for permanent disability. You can also receive benefits for repetitive stress injuries. In fact, with proper medical documentation, mental injuries are also compensable if caused by the workplace.
For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.
The steps you take immediately following a workplace incident in Newark, NJ are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a Newark, NJ healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occurred is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months. All before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.
If you suffer an injury, you should notify your employer immediately. Your notice does not have to be in writing. The employer must then file a First Report of Injury with the Division of Workers’ Compensation within 21 days. For disputes, a worker can file a formal Claim Petition or an application for an Informal Hearing. These hearings take place at The Newark Hearing Office, which is located at 124 Halsey Street. Also note that any claim must be filed within two years of the date of injury or the last payment of compensation.
Timeline and Other Information
If an injured employee cannot work for more than 7 days, they are eligible to receive temporary disability benefits. New Jersey Workers’ Compensation requires that these benefits are retroactive to the first day of missed work. Compensation is 70% their average weekly wage. Generally, you can expect to wait 2 weeks before receiving temporary disability benefits. However, temporary disability benefits in New Jersey are limited to just 26 weeks.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point. Typically about the incident and to any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.
Why You Should Hire a Newark, New Jersey Workers’ Compensation Lawyer
While workers’ compensation claims may be straightforward for some cases in Newark, New Jersey, in others it may be more difficult. For example, your employer might ask if you suffer an injury on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a Newark workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer In Newark, New Jersey
If you are hurt or contract an illness as a result of your job in Newark, NJ you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!