Steps to Take After a Workplace Injury in New Jersey
Sussex County workers’ compensation lawyers protect employees’ right to benefits
If you’ve been injured on the job in New Jersey, the actions you take immediately following the incident can greatly affect your ability to obtain the payment you need to cover your medical costs and protect your family. At Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC, we often represent clients whose workers’ compensation benefits were wrongly denied, delayed or reduced because of a slight mistake in the wake of an accident. Our attorneys in Newton and Succasunna can guide you through the steps after a workplace injury in New Jersey that are necessary to maximize the likelihood of a successful resolution to your workers’ compensation matter.
Seek immediate medical attention
Your health and safety come first. After any workplace injury, seek prompt medical care—even if the injury seems minor at first. In New Jersey, you can go to any appropriate facility for emergency care, but your employer or their insurance carrier has the right to select the doctor to provide ongoing treatment for your work-related injury. Choosing instead to attend appointments with an unapproved practitioner could jeopardize your workers’ compensation claim.
Report the injury to your employer
In New Jersey, you must notify your employer of a work-related injury as soon as possible, ideally in writing. The law allows up to 90 days, but delaying notice could mean that you have to wait for benefits. Alert your supervisor or human resources department, and keep a copy or record of the notification. This step is crucial, because delayed reporting can raise questions about the cause and extent of your injury and whether you were actually hurt on the job.
Document the incident thoroughly
Accurate and timely documentation can strengthen your case. Write down how the accident happened, when and where it occurred, the names of any witnesses and the nature of your injury. Take photos of the accident scene and keep all medical records, prescriptions and correspondence related to your injury. A detailed paper trail helps to protect your workers’ compensation claim if the insurer attempts to dispute its legitimacy.
Understand your workers’ compensation rights
In New Jersey, workers’ compensation benefits typically cover:
- All reasonable and necessary medical treatment
- Partial wage replacement for temporary disability
- Limitation or loss of function caused by a permanent partial or total disability
You are not required to prove your employer or any other party was at fault. Benefits are typically available even if your own carelessness led to the injury. Generally, you may not sue your employer or a coworker for personal injury damages.
If the insurer denies your claim or you disagree with the benefit amount offered, your NJ workers’ compensation lawyer can file an appeal through the state’s Division of Workers’ Compensation.
Avoid common mistakes that could harm your case
Many injured workers unknowingly damage their claims by making avoidable errors. Do not delay medical treatment or fail to follow your doctor’s instructions. Avoid giving inconsistent statements about how the injury occurred. Do not post statements, photos or video clips relating to the accident or your condition on social media, since these can be taken out of context and used to undermine your claim. Finally, do not assume your employer will file the claim on your behalf—follow up to ensure your case is being addressed.
Contact our North Jersey lawyers for further guidance on your workers’ compensation claim
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC handles workers’ compensation initial claims and appeals for New Jersey employees injured on the job. Please call 973-737-1023 or contact us online to schedule a consultation at our Newton or Succasunna office.
