Lawyer Albert J. Talone explains what to do when you are injured at work
Workplace injuries are common in all areas of employment. Notice of work-related accidents or occupational disease must be given to the employer within specified timelimits or else the injured worker will lose rights to certain benefits. If you are injured on the job you should notify your employer as soon as possible. If possible, complete your employer specific accident injury report/form. Be sure to request a copy of the document.
The Workers’ Compensation statute addresses how to give notice. N.J.S.A. 34:15-17addresses traumatic claims and Notification to Employer. N.J.S.A. 34:15-34 addresses occupational claims and the time for making a claim. The statutes in relevant part reads as follows:
34:15-17. Notification of employer. Unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or some one on his behalf, or some of the dependents, or some one on their behalf, shall give notice there of to the employer within fourteen days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained. If the notice is given, or the knowledge obtained within thirty days from the occurrence of the injury, no want, failure, or inaccuracy of a notice shall be a bar to obtaining compensation, unless the employer shall show that he was prejudiced by such want,defect or inaccuracy, and then only to the extent of such prejudice. If the notice is given,or the knowledge obtained within ninety days, and if the employee, or other beneficiary,shall show that his failure to give prior notice was due to his mistake, inadvertence,ignorance of fact or law, or inability, or to the fraud, misrepresentation or deceit of another person, or to any other reasonable cause or excuse, then compensation may be allowed, unless, and then to the extent only that the employer shall show that he was prejudiced by failure to receive such notice. Unless knowledge be obtained, or notice given, within ninety days after the occurrence of the injury, no compensation shall be allowed.
34:15-34. Time for claiming compensation for occupational disease. There shall be no time limitation upon the filing of claims for compensation for compensable occupational disease, as herein above defined; provided, however, that where a claimant knew the nature of the disability and its relation to the employment, all claims for compensation for compensable occupational disease except as herein provided shall be barred unless a petition is filed in duplicate with the secretary of the division in Trenton within 2 years after the date on which the claimant first knew the nature of the disability and its relation to the employment; provided further, that in case an agreement of compensation for compensable occupational disease has been made between such employer and such claimant, then an employee’s claim for compensation shall be barred unless a petition for compensation is duly filed with such secretary within 2 years after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by such employer, then within 2 years after the last payment of compensation. It is clear that notification of a workplace injury must be provided to your employer.Failure to do so will prevent the injured worker from recovering any workers’ compensation benefits to which they are legally entitled. It is important that an injured worker provide timely notice of the injury to a supervisor or appropriate representative of the employer. By doing so the workers’ compensation rights of the worker will be fully preserved and protected.
Albert J. Talone, Esq., is a NJ Workers Compensation Lawyer. Mr. Talone has been helping all types of injured workers recover benefits under the New Jersey workers’ compensation law. Mr. Talone is licensed to practice law in the state of New Jersey and the Commonwealth of Pennsylvania. He is a member of the New Jersey Association for Justice, the Burlington County Bar Association and the Camden County Bar Association.
