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How long do you have to file a workers’ comp claim?

On Behalf of | Sep 13, 2021 | Workers' Compensation

If you work in the Toms River, New Jersey, area and suffer an injury on the job, you can file for workers’ compensation. You may wonder how long you have to file your claim. Doing so within the statute of limitations is important and can give you a better chance of having your claim approved.

What should you do if you’re injured on the job?

Suffering an injury on the job can be devastating, but it’s important to take the right steps immediately after realizing you’re injured. You should notify your employer, supervisor or manager of your injury as soon as possible. Don’t wait, especially if you have to file a workers’ compensation claim.

After you report the injury, your employer will inform the insurance carrier so that a report of your injury can be filed. The insurance carrier will then evaluate your claim to see whether it’s valid per the law. If it’s determined that your claim is valid, you will be informed of the decision, and you may need to have a medical exam to affirm the assessment.

How long is the statute of limitations for filing your claim?

In New Jersey, if you need to file a workers’ compensation claim, you must do so within two years from the date of the at-work accident that resulted in your injury. You must file within the set statute of limitations, or your claim will be dismissed, and you will not be able to recover workers’ comp benefits. This is why it’s so important to report your injury to your employer as soon as possible.

Once you have filed your claim for workers’ compensation, your employer will file a First Report of Injury form with the state’s Division of Workers’ Compensation within 21 days from the date you notified them of your injury. However, if your employer fails to file that report, you may want to get legal assistance.

Can you appeal a denial?

If your claim is denied, you have the right to appeal. You can file an Application for an Informal Hearing with the Division of Workers’ Compensation if there is a dispute on your claim. This should be done as soon as possible to improve the chances of your claim ultimately being approved.

If you have suffered an injury while working, you have a legal right to file a workers’ compensation claim. Don’t hesitate to file because doing so sooner is typically best.