Mistakes to Avoid When Dealing With a New Jersey Workers’ Compensation Claim
There are several ways an employee can suffer a workplace injury. Many people might assume that workplace injuries happen because the injured employee makes a mistake and is careless, but the reality is that multiple factors contribute to accidents in the workplace. Fortunately, in New Jersey, workers who suffer workplace injuries can receive workers’ compensation benefits irrespective of the party at fault. If you were injured at work, you need to avoid the following mistakes to ensure you recover the compensation you deserve.
Mistake #1: Failing to Notify Your Employer of Your Workplace Injury
After suffering a workplace injury, the injured employee must report the incident to their employer as soon as possible. Waiting too long to report your workplace injury could result in you losing your rights to file a workers’ compensation claim. According to New Jersey law, you are generally required to inform your employer of your injuries within 14 days and no more than 90 days after it happens.
Mistake #2: Seeing the Wrong Doctor
In NJ, employers and their insurers have the right to choose the doctors that treat injured employees who file a workers’ compensation claim. If you see your own doctor after suffering a workplace injury in New Jersey when you are not allowed to do so, your medical expenses may not be covered. You are only allowed to see your own doctor after suffering a workplace injury in an emergency situation or if your employer refuses to provide you with medical treatment, yet you need treatment. However, even when you see your own doctor, you need to notify your employer as soon as possible.
Mistake #3: Waiting Too Long to File a Claim
It is vital to note that telling your employer about your injury and filing a workers’ compensation claim are two different things. After you tell your employer about your workplace injury, you need to ensure you hire a workers’ compensation attorney to file your claim within the set period of time. In NJ, you generally have two years from the occurrence of your injury or the last compensation payment (whichever is the latest) to file a workers’ compensation claim. Filing a workers’ compensation claim after this statute of limitations has expired might mean you will not recover benefits for the permanent injuries you suffered.
Mistake #4: Trying to Handle Your Workers’ Compensation Claim on Your Own
Some employees assume that hiring an attorney to help them with their workers’ compensation claim is too expensive. However, the reality is that it can be even more costly not to hire an attorney. For example, if you do not work with an attorney, you may end up overlooking some of your financial losses. An experienced attorney can help you calculate your full benefits and ensure you recover the compensation you deserve. Moreover, in most cases, the injured employee’s attorney’s fees are paid directly by the workers’ compensation carrier.
Mistake #5: Accepting the First Answer From Your Employer or Their Insurer
For example, it is vital that you avoid accepting the first award of benefits your employer or their insurer gives you without talking to your attorney. Also, if your claim is denied, you should not simply give up. Reach out to an attorney for help.
Contact The Trabosh Law Firm
If you suffered a workplace injury and need help with your workers’ compensation claim or if your employer denied your workers’ compensation claim, contact the Trabosh Law Firm today to schedule a consultation.