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The
following questions are those most frequently asked by
injured workers about their New Jersey Workers'
Compensation claims:
Q.
What should be done first, in the event of an injury
at work?
A.
An injured employee should report the accident to the
employer immediately, or as soon as he or she is able.
The employee should seek the employer’s
authorization to see a doctor of its own choosing, to
obtain necessary medical treatment. In an emergency,
the employee should not wait but, rather, should just
go to the emergency room, and notify the employer as
soon as possible. Any request for further treatment
should first be made through the employer, to obtain
authorization.
Q.
Why can't I choose my own doctor?
A.
New Jersey Workers’ Compensation law says that the
employer must pay for reasonable and necessary medical
treatment, resulting from injuries caused by work.
Since the employer is paying the bills, the employer
is also given the right to choose the doctor. Any
employee who goes to a doctor of his or her own
choosing is at risk of being responsible for the
bills. In some situations, the employer or its
workers' compensation insurance company may authorize
a doctor of the employee’s own choosing.
Q.
What kind of compensation will I receive, while I am
out of work?
A.
If an employee is out of work for more than seven days
in a row because of a work injury, he or she should
receive 70% of gross weekly pay, as of the date of the
injury, up to the State maximum (which was $666.00 per
week for the year 2005), whichever is less. This is
called "temporary" compensation.
Q.
If my Workers’ Compensation claim is denied, should
I apply for unemployment benefits?
A.
No. Unemployment benefits are for those who are
actively seeking work and are able to work. An
employee may, however, be entitled to receive weekly
disability payments from the State of New Jersey,
Division of Temporary Disability Insurance. In a
contested Workers’ Compensation case, you should
apply for State Temporary Disability Benefits.
Q.
How much time do I have to file a workers'
compensation claim?
A.
You have two years from the last date that the
employer– or the workers' compensation insurance
company– pays a medical bills or
"temporary" compensation . If no medical
bills or temporary compensation were paid, then you
have two years from the date of the accident.
Q.
What other types of benefits are available?
A.
After you finish your medical treatment for the
injury, you become eligible to receive a settlement
for any permanent injury.
Q.
Can I sue for pain and suffering?
A.
The New Jersey Workers’ Compensation case itself is
limited to three types of payments: (1) medical bills;
(2) temporary compensation; and (3) any permanent
disability. It does not allow for any payment for pain and suffering.
In
some cases an additional claim, over and above the
Workers’ Compensation claim, may be filed against
another party, if they are someone who may be
responsible for causing a work-related injury. This is
known as a "Third Party" claim.
A
"third party" is someone, other than the
employer or a co-worker, who may be responsible for
the employee’s injuries– usually, because of their
negligence. The two most common examples of a
potentially responsible "third party" are:
the driver of another motor vehicle, when the employee
is involved in an accident while driving for the
employer; and the manufacturer of defective equipment,
which causes an injury. In either of these two
examples, an injured employee may collect damages, for
any pain and suffering, from a responsible third
party.
However,
in the event that there is a "third party"
recovery, the employer’s Workers’ Compensation
Insurance Company will be entitled to receive an
"offset", or reimbursement (in the
approximate amount of two-thirds), for any payments
which it makes for the employee’s medical bills,
temporary compensation or permanent disability.
Q.
Can I receive workers’ compensation benefits even if
the accident was my fault?
A.
Yes. As long as the accident occurred because of your
work, it should not matter if it was caused by you, a
co-worker, or your employer.
The
above "frequently asked questions" and
answers are intended to provide a brief overview of
the rights and obligations of the employee and the
employer when there is a work-related injury due to an
on-the-job accident. This general information is not
intended to be legal advice, and does not apply
equally in all situations. If there is any question
whatsoever, appropriate legal advice should be sought.
Please feel free to contact this office for an initial
consultation at no cost.
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