Most serious injuries require a set time for treatment and recovery; however, taking time off from work to seek medical care can feel counterproductive. Medical bills can be costly, making it vital that the injured individual continues to work to pay for these and other related bills. And when the injury is due to a work accident, this can further the frustrations of the situation.
Fortunately, workers’ compensation laws in New Jersey requires an employer to carry workers’ compensation insurance. The idea is that it protects workers from financial hardships a workplace injury can bring about, while at the same time helping the employer avoid liability for the injuries when a worker opts to utilize these benefits.
Coverage
Like other states, New Jersey workers’ compensation laws specify time limits, requirements, benefits and coverage when it comes to filing a claim for workers’ compensation benefits. To begin, a notice to an employer must be made by the injured worker within 14 days for most cases. It is possible to have this limit extended to 90 days. After a notice to employer is made in accordance with statutory requirements, the injured employee has 2 years to file a workers’ compensation claim.
Most physical injuries occurring within the scope of employment can be covered by workers’ compensation. For occupational illnesses, coverage is dependent on the determination that it is work-related. (For example, a worker who comes down with asbestosis would have to prove that their exposure to asbestos likely happened at work.) When it comes to mental injuries, New Jersey provides limited coverage. There is a five element objective test used to establish whether the mental injury in question is compensable under the state’s workers’ comp laws.
Benefits and denied claims
The benefits provided through workers’ compensation can be essential for the worker’s recovery. Often, this will include wage replacement, medical treatment and vocational rehabilitation. The amount received for each benefit is dependent on the extent of the injury and duration of disability. For wage replacement, this is typically 70% of the weekly wage.
Because the benefits of workers’ comp are valuable and relied on by injured workers, it can feel devastating to have your claim denied. But a denial should not leave you feeling defeated because you have legal rights and options. It is possible to file an appeal or seek an informal hearing. Either process could help you prove eligibility and secure workers’ comp benefits.