New Jersey Statute Of Limitations

Why Does a Statute of Limitations Exist?

The time limit that a statute of limitations imposes is to protect a defendant from unfair legal action. Based on specific governmental legislation and common law, this time ensures that relevant information and evidence is still available to establish innocence, guilt, or negligence.

Workers’ Compensation and Statute of Limitations

Filing a workers’ compensation claim has a time limit or statutory limitations. If you have been hurt at work and believe you are entitled to workers’ compensation benefits, you must act within the time limit allowed. Here is how to file a claim.

Seek Medical Treatment

If your injury is life-threatening, you should seek immediate medical help. In a non-life-threatening injury, your employer likely has a medical facility you must visit to ensure workers’ comp kicks in. In some cases, you need pre-authorization to seek medical help but not in emergencies. Know your employer’s policy regarding workplace injuries.

Tell the Doctor

Be sure to tell your doctor that your injury happened on the job. This notice ensures that your medical bills reach the right place with the correct notations. Keep a copy of all doctor’s visit receipts, prescription receipts, and other medical information. Also, make sure to follow your doctor’s orders.

File an Injury Report

You have ninety days to report your injury to your employer. Because this is a formal notice, you should write the injury report and provide a copy to your boss. Also, ensure that you note the date and time of the injury and keep a copy for yourself.

Check Claim Status

By law, your employer must file a Report of Injury with New Jersey’s workers’ compensation division. This filing must happen within twenty-one days of your report. You should check your claim status to ensure this happens. If you see it has not been filed in the time allotted, you should seek legal counsel to help you.

Get Benefits

The insurance company for your employer will either accept or deny your claim. If they accept the claim, you should start receiving benefits, including for all medical bills and lost wages. If the insurance company denies the claim, you need immediate legal help that will help you understand what to do next.

File a Formal Claim

At this point, you will go one of two paths:

• File an Informal Claim: A Judge of Compensation will review your case and recommend ways to resolve the dispute with your employer or insurance company. If this does not work or you are not satisfied with the outcome, you can file a claim petition.
• File a Claim Petition: This process places you in front of a Judge of Compensation. This judge will set a trial date. At any time during this period, you can seek to settle your dispute with your employer:
  • You will need to present medical evidence in the form of the receipts you saved.
  • You might need expert medical testimony from your doctor.
  • The judge will render a decision on your dispute.

Important information to remember:  The statute of limitations begins to run out as soon as you report the injury. You only have two years from the injury report or the last compensation check to file a formal claim petition. In rare cases, the judge could extend the statute of limitations. When you are first injured is the ideal time to seek legal help for filing workers’ compensation benefits.

Appeal the Decision

If you are not satisfied with the court’s decision, you can appeal your case to the Superior Court Appellate Division. Having proper legal representation is essential to a successful outcome if you decide this is the route you wish to go.

Where To Get Legal Help

When you need legal assistance with a workers’ compensation claim, Simon, Sarver, Swetz & Jachts are the lawyers you want. Our experience can help you receive the compensation you’re looking for. Contact us today at (973) 381-1902 to schedule a free consultation.