For the most part, no one goes to work expecting to become injured. But, workplace accidents are unfortunately common. If you are injured while on the job, you may be entitled to recover workers’ compensation. Read on to learn more about workers’ compensation in New Jersey and how to file.
What Type of Claim Should I File?
If you are filing for workers’ compensation, it is important to know what type of claim to file. In New Jersey, you can file a formal or informal claim:
- Informal workers’ compensation claim
- This is when an injured employee files an application for an informal hearing in front of a judge. This type of claim may allow you to avoid litigation, which can be beneficial as litigation can be a long, stressful, and expensive process. Some issues that may qualify for an informal claim include medical treatment or temporary benefits. In most cases, informal claims are settled within the first or second hearing.
- Formal claim petition
- This type of claim is generally more complex. If you have been injured at work, you may request a hearing for a formal claim. This hearing should be held within six months from the date of filing your petition. In many cases, these claims are resolved in a mutual agreement in the pretrial stage. But, this is not always the case- if this does not happen, you may need to proceed with a trial. At your trial, parties from both sides may provide testimony. Once the judge makes a decision, this decision is binding. This means that if you still don’t obtain the benefits you need, your only other option is to take your case to the Appellate Division of the Superior Court. This can be a complicated process, so it is best to work with an experienced attorney.
How Long do I Have to File a Claim in New Jersey?
In order to recover the compensation you deserve, you will have to file your claim within a certain amount of time. In New Jersey, the statute of limitations for a workers’ compensation claim is generally two years from the date of the accident. Failing to file within two years will likely mean losing the opportunity to recover the compensation you need and deserve to heal.
If you have been injured at work, reach out to our firm today. We will fight for you to recover the compensation you deserve.
Contact our Firm
The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.