The workers compensation law in New Jersey protects the workers from the impact of workplace accidents. It provides for medical care and lost wages. Monetary compensation is also provided for permanent disability. Benefits are provided for both specific traumatic injuries and occupational related diseases if they arise out of and in the course of employment. Employees are to take no-fault insurance policies. Workers are to be compensated with minimum delay. Workers need not prove negligence of the employer.
First Steps
Workers Compensation laws are subject to the statute of imitations. Therefore it is important to notify the employer of any work related injury in a timely manner. This is also the case with an occupational related disease, which should be informed to the employer after the employee is diagnosed with such a disease. The diagnosis may occur after a long period of time or after the employment ends, but the worker is still entitled to compensation as his disease is work related and hence it should be informed to the employer in a timely manner. Notifying the employer in a timely manner also prevents unnecessary issues being raised on the nature of sustaining the injury or disease. Even if the injury appears to be insignificant, the employer has to be notified. This is because the symptoms associated with the injury may not manifest for several days following the accident. Hence it is always better to notify the injury at the initial stage. A worker may also have a claim against some other entity other than an employer when negligence by such other entity results in a work related injury. Under such circumstances a claim may lie against a third party. Such claims may be in addition to, concurrent with, or separate from the workers’ compensation claim. This may result in greater financial recovery for the injured worker.
Medical Benefits
An employer is required to provide all medical, surgical and other treatment and hospital services to the employee for the work related injury. An employer is also obligated to cover the cost of medication for the treatment of the injury sustained. But the employer is allowed to select the medical providers who will oversee the treatment from a work related injury. Workers who obtain medical treatment on their own after an employer has offered medical treatment may be responsible for the cost of the unauthorized treatment. A worker is provided temporary compensation when a treating doctor has ordered the worker not to work for more than seven days following the accident. On the eighth day of lost time from work has been reached, the employer must compensate the worker for lost wages from the first day the worker became unable to work continually till the time the worker returns to work or reach the maximum medical benefit from the treatments. The employer should authorize the treating doctor. If the doctor decides that the employee is capable of performing light duty work, the employer has the option to provide such kind of work or to continue paying temporary compensation benefits.
Permanent Disability Benefit
Permanent disability benefit is a monetary compensation for permanent disability that arises due to some injury or disease, which arise out of and in the course of employment. The burden of proof is on the worker to show that he/she is permanently disabled. After the medical treatment, the attorneys of both the employee and the insurance company conduct their own medical examinations on the employee to determine the extent of disability. The worker must demonstrate that the injury resulted in material lessening of working ability or that the injury has restricted the worker from carrying out the ordinary and regular day to day activities.
Defenses
Negligence is not a part of workers compensation system. There is no requirement to prove fault by the employer or co-worker in causing the accident. However certain defenses are available to the employer in response to a claim for workers’ compensation benefits. When an employee is injured due to his willful misconduct, it could reduce or disqualify the employee from receiving the benefits. Another defense could be that the injury did not arise out of or in the course of employment. Another defense could be the failure to report the injury or disease diagnosis within the required time period. If the employer raises any of these defenses, the medical treatment and wage replacement benefits will not be automatically provided to the injured employee.
Conclusion
Under New Jersey workers compensation law, all employees are required to take no fault workers’ compensation insurance. The employer is allowed to select the medical providers who will oversee the medical treatment for work related injuries. The burden of proof is on the worker to show that he is permanently disabled. Workers’ compensation benefits are subject to the timely filing of the claim.
