Workers’ compensation is available to most workers, but they may be unfamiliar with the process of filing a claim. Every qualifying employee in New Jersey should learn more about the process of filing a workers’ comp claim and what to do if their employer denies the claim.
Claiming workers’ compensation benefits
An injured employee who is in disagreement with an employer has to file a complaint with the Division of Workers’ Compensation. The case is filed in the county court of the worker’s residence or place of employment.
Types of complaints
An employee can file a formal or informal petition and have a hearing scheduled before a judge within six months. An informal petition usually takes several weeks and requires fewer steps than the formal option. It’s recommended that the plaintiff consult a lawyer, but this is not required.
The injured worker can file a formal petition within two years of the injury. The case is filed in a district office in the correct county. Most claims for workers’ compensation are settled before the case reaches trial. If a trial occurs, the injured worker has to present evidence from medical bills and witnesses’ statements. The judge makes the final decision. However, a case can be appealed to the Appellate Division of the Superior Court.
Understanding the process
After you visit a doctor, you have the right to file a workers’ compensation claim to be compensated for paying the major expenses your injury incurred. First, learn about the many different benefits that you qualify for. Then, become familiar with the basic steps of filing a petition to receive those benefits.