Timeline for Workers’ Compensation in New Jersey
Posted on behalf of Lynch Law Firm on Feb 07, 2017 in Workers' Compensation News
If you are a New Jersey worker who has been injured on the job or who has fallen ill due to job-related conditions, you may be entitled to workers’ compensation benefits. Here you will find important information about the timelines for filing a claim.
If you have experienced delays or denials for workers’ compensation in New Jersey, you need a skilled workers comp attorney on your side. The New Jersey workers’ compensation lawyers at Lynch Law Firm will work to secure the compensation you deserve.
How Long You Must Be Out of Work to File a Claim
According to New Jersey law, workers must be incapable of working for seven days prior to becoming eligible for temporary disability benefits. This timeline includes holidays and weekends, and the seven days do not have to be consecutive. Once your claim is approved, benefits will be issued retroactively to the first day you had to miss work due to injury or illness.
This timeline does not apply to medical benefits or benefits for permanent disability. If approved, those benefits are given regardless of how many workdays were missed.
Time Limits When Filing a Workers’ Compensation Claim
In New Jersey, a two-year statute of limitations applies for cases involving workers’ compensation. Claim petitions must be made within two years from the date when the injury occurred or the last compensation payment – whichever came last. Authorized medical care is considered to be a type of compensation payment.
Claims involving occupational illnesses, such as hearing loss, lead poisoning or asbestosis, must be made within two years of the date the condition and its employment-related cause was first discovered.
Applying for an informal hearing will not cause the statute of limitations period to stop running.
Receiving Workers’ Compensation Benefits
After filing a workers’ compensation claim, it generally takes two weeks for the applicant to receive temporary disability benefits. Should the employer or workers’ compensation insurance provider negligently deny the claim or do so unreasonably – delays of 30 days or over are generally considered to be unreasonable – they may be held liable to pay an additional 25 percent of compensation as well as legal fees accrued due to the delay.
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