How is Workers’ Compensation Calculated in New Jersey?
If you were injured in the workplace, you may be wondering how long you have to report the injury and what the repercussions may be if you wait too long. Workers’ compensation laws impose strict deadlines, and missing them could put your right to recover benefits at risk. Continue reading for more information and consult with an experienced New Jersey workers’ compensation claims lawyer to discuss your case with a legal professional today.
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of their employment. It is a no-fault system, meaning an injured employee is entitled to benefits regardless of who was at fault for the injury, as long as the injury occurred on the job or due to their employment.
In exchange for this coverage, employees generally give up their right to sue their employer for negligence. The primary purpose of workers’ compensation is to ensure that injured workers receive prompt medical treatment and financial support during their recovery, promoting a quicker return to work and reducing litigation against employers.
New Jersey law requires that an injured employee notify their employer about the injury within 90 days of the accident or within 90 days of the date the employee knew, or should have known, that the injury was work-related. This is an important first step. Failing to provide notice within this 90-day window can result in the denial of your workers’ compensation claim, unless your employer already had actual knowledge of the injury. It is always best to report the injury immediately and in writing.
In addition to the initial notice, there is a separate deadline for formally filing a Claim Petition for benefits with the New Jersey Division of Workers’ Compensation. This deadline is two years from the date of the accident or from the date of the last payment of compensation.
Failing to report your workplace injury to your employer within the 90-day time limit puts your entire workers’ compensation claim at risk. The 90-day notice is an important requirement, and if you miss it, your employer or their insurance carrier can legally deny your claim for benefits, including coverage for medical treatment and lost wages.
Delaying the report also makes it harder to prove the injury was actually work-related, as medical records will not immediately link your condition to the job. It is crucial to understand that reporting your injury on time is one of the most important steps you can take to protect your right to receive the benefits you are entitled to.
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