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