If you have been in an accident at work, or you’ve developed an occupational disease or are suffering from some type of repetitive stress or motion injury caused by your job, the first thing you need to do is take care of your health. Once you’ve received necessary emergency medical treatment, though, the next important step is to advise your employer of your injury. Don’t undergo any elective medical care until you’ve notified your employer of your injury.
Typically, you’ll want to notify your employer of your injury within 14 days, but there’s usually no reason to wait more than a day or two, unless you are uncertain of the extent of your injury, or your injury takes a week or more to fully manifest. The longer you wait, though, the more reluctant your employer and the workers’ compensation insurance company will be to honor your claim, and the greater risk that some intervening event will give the insurance company the opportunity to argue that your injuries are not work-related. If you don’t provide notice within 90 days, you may forfeit all right to obtain workers’ compensation benefits.
Under New Jersey law, you must be out of work for at least seven calendar days before you are eligible for workers’ compensation benefits, though you will receive compensation retroactive to your date of injury, if your claim is approved. There is, however, no waiting period to obtain reimbursement or payment for medical care for work-related injuries.
That does not mean, however, that you have to wait seven days before notifying your employer. In most instances, you are best-served by notifying your employer as soon as practicable.
We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.