There is a legal requirement that NJ employers acquire and carry workers compensation insurance at all times. This insurance should cover all employees of the company, including new hires. It is a non-negotiable and extremely firm requirement that exempts few NJ employers. The structure of the workers compensation insurance obtained by your NJ employer may vary, but the legal obligation to protect workers through a policy is finite.
Yet, each year a small number of NJ employers neglect their workers compensation policies, fail to renew plans, forget to pay premiums, or just choose to take the legal risk and not obtain the mandatory insurance. What should an injured worker do if they discover their NJ employer doesn’t have workers compensation insurance?
#1: Determine There Isn’t an Applicable Exception
Upon the discovery that an NJ employer doesn’t have workers compensation insurance, your first step is confirming the employer is violating an NJ law. There are two major exceptions to the requirement to carry workers compensation insurance. You should be certain your employer doesn’t fall outside the insurance obligations.
First, the workers compensation law in NJ exempts any employer covered by a federal program from the workers compensation insurance requirements. This is a blanket exception, meaning it is applicable to all employers that receive insurance commitments from a federal program, but it is also extremely limited. There are few employers in NJ that would meet the criteria of the exception.
The second exception is applicable to employers that qualify for self-insurance. Again, …Read More
Filing and receiving NJ workers compensation benefits is a process. You have to inform your employer of the injury, seek medical attention, and then you file a claim. This claim process could be incredibly straightforward and smooth, with the support of your employer. On the other hand, receiving the NJ workers compensation you deserve might be a frustrating legal battle.
Under the second scenario, it is very common for the medical attention you received to become medical bills that are due and payable. Your doctor, the hospital, or emergency services likely provide somewhere between 30 and 90 days for you to pay your bills. This timeframe isn’t always sufficient to cover the expenses with workers compensation benefits if there is a dispute or disagreement over the claim.
What should you do about seeking medical treatment and paying medical bills as you await approval of NJ workers compensation benefits?
Should You Seek Medical Assistance Immediately?
Many employees wonder if they should seek medical assistance immediately after an NJ workplace injury, or wait until they have confirmation of their NJ workers compensation claim. In all instances, you should obtain the medical treatment you need. This includes accepting emergency services, such as an ambulance or on-site treatment, and seeking out physical therapy or rehabilitation treatment, when recommended by a doctor.
Your choice of medical treatment could be important for approval of your NJ workers compensation claim, but this should never impede on your need for immediate care. If you are seriously injured in …Read More
If you sustain a workplace injury, a first step is reporting the incident and injury to your supervisor, manager, or boss. Despite the necessity of this conversation, it’s intimidating for many New Jersey workers to walk into a human resources department or supervisor’s office and discuss an accident. However, these conversations are beneficial for both the employer and employee and could ultimately save your job down the road.
This list of timing information, tips, and what you need to know about workers’ compensation laws in New Jersey can help make notifying your boss of a workplace injury much easier.
#1: When Should You Notify Your Employer?
The best possible time to notify your employer about a workplace injury is immediately after it occurs. Early reporting prevents a number of problems or complications later on. For example, if you fail to report an injury or possible injury, then your employer could question how and when the injury occurred and if it even occurred at work.
As well, reporting also allows your employer to begin a workers’ compensation claim with the insurance provider. In New Jersey, your employer and the insurance company are allowed to choose the doctor or specialist you see for medical treatment. In order for a provider to be selected, you need to have the proper paperwork in place with the insurance company.
#2: Can My Boss Fire Me for Reporting an Injury?
Many employees fear that reporting an injury, particularly one that will require time off work, will …Read More