Workman's Compensation
excerpt from Department of Labor and Workforce Development
Medical Benefits
• Temporary Total Benefits
• Permanent Partial Benefits
• Permanent Total Benefits
It also provides death benefits to dependents of workers who have died as a result of their employment. More Benefits Information
An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts. For more information about workers' compensation.
What to do if you are injured.
You should notify your employer as soon as possible. The notice may be given to your supervisor, personnel office, or anyone in authority at your place of business. Notice does not have to be in writing. If you need medical treatment, a request should be made to your employer as soon as possible. Under the NJ workers' compensation law, the employer and/or their insurance carrier can select the physician(s) to treat injured workers for work related injuries.
Employer's Responsibiity After an Injury
Once an accident is reported to an employer, they should notify their insurance carrier immediately so that a First Report of Injury can be filed with the State.
The employer's WC insurance carrier will evaluate the claim and determine if it's compensable under the WC law. They will contact the injured worker, the employer and the medical provider to make this assessment. If the claim is accepted, they will direct the injured worker to an authorized medical provider for treatment. If time out of work extends beyond 7 days, they will also provide the injured worker temporary disability benefits during the period of rehabilitation.
Within 26 weeks after the worker returns to work or reaches maximum medical improvement, the insurance carrier is required to submit another form to the Division called the Subsequent Report of Injury. A copy of this form is sent to the worker for their review.
What happens if there is a dispute?
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.
Disputed issues may include whether the injury/illness was considered work-related, the type and extent of medical treatment, and/or the payment of temporary disability benefits.
Reporting Uninsured Employers to the State
The law requires that all New Jersey employers, not covered by Federal programs, have workers’ compensation coverage or be approved for self-insurance.
If you're aware of an uninsured employer, you may provide this information to the Office of Special Compensation Funds by e-mail, by calling (609) 292-0165 or by completing a "Report of Non-Compliance form".
You don't have to identify yourself but you should provide the name and address of the employer and, if possible, the names of the principle operators of the business.
Discrimination Complaints
It is against the law for an employer to discharge or discriminate against an employee because the employee claimed or attempted to claim workers' compensation benefits or because the employee testified or is about to testify in a workers' compensation matter.
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