If you have been injured on-the-job, benefits for medical treatment are available immediately. However, other benefits, such as temporary disability payments to cover lost wages, will not be available until a claims examiner approves your claim. If a claim is approved, an injured worker can expect to receive benefits in about two weeks.
If You Are Injured, File Your Claim As Soon As Possible
After an injury, notify your employer or supervisor immediately. Have someone call 911 if you require immediate medical care. Typically within 24 hours of your injury, your employer should have you fill out a claim form so that you can officially report your injury. Next, a claims examiner from your employer’s insurance carrier will interview you, your employer, and any witnesses. If your claim is denied, or your employer will not report your accident to their insurance carrier, you should speak to an attorney about filing a claim with the Division of Workers’ Compensation. A claim petition must be filed within two years of the date of injury, or the last payment of compensation (this includes payment of medical treatment authorized by your employer), whichever is later. If you fail to file a claim in time, your claim will be barred and you will not be able to obtain benefits.
If you are injured at work, your employer is required to pay medical bills related to your workplace injury immediately—even before your Workers’ Compensation claim is formally accepted. For example, if you get cut on the job and need stitches, seek medical attention immediately. This type of injury does not require any waiting period, and your treatment costs should be covered immediately.
Temporary Disability and Other Benefits
If you are disabled for more than seven days, you are eligible to receive temporary total benefits for lost wages at a rate of 70% of your average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. These benefits are retroactive to the date of the injury.
Temporary disability benefits (lost wages compensation), permanent disability benefits (loss of earning power benefits) and other benefits will not begin until your claim has been formally accepted. Generally, you must wait two weeks to receive these benefits.
What If My Employer or Their Insurance Carrier Stalls My Claim?
If your employer or their insurer unreasonably delays (or denies) your claim, they can be held liable for an additional 25 percent of the total amount owed, as well as legal fees incurred as a result of the unreasonable delay. A delay of 30 days or more may be considered unreasonable.
Monmouth County Workers’ Compensation Lawyers at Shebell & Shebell Get Timely Benefit Awards For Injured Workers
If you were injured at work and your claim was denied or delayed, don’t delay—contact the experienced New Jersey Workers’ Compensation lawyers at Shebell & Shebell before your claim is barred by an expired statute of limitations. We represent clients throughout New Jersey, including Monmouth County, Middlesex County, and Ocean County, including Howell, Freehold, Middletown, Shrewsbury, Wall, Union Beach and Neptune. For a free consultation, call us at 732-532-2011 or contact us online today.