Intro: What to Do After a Workplace Injury
Workplace injuries happen more frequently than most people realize, and when they do, it’s crucial to know what steps to take next. Whether you work in construction, healthcare, retail, or a corporate office, accidents on the job can have serious consequences, not only for your health but also for your financial well-being. Being well-prepared and informed about your rights can make all the difference when dealing with employers, insurance companies, and the complex workers’ compensation system.
For workers in New York and New Jersey, navigating the workers’ compensation process can be overwhelming, especially while recovering from an injury. Understanding your rights and knowing the steps to take after a workplace injury will not only protect your health but also ensure that you receive the compensation and care you’re entitled to under the law.
Immediate Steps After a Workplace Injury
One of the most important things to remember after a workplace injury is that time is of the essence. The first steps you take after the incident can significantly impact your ability to receive compensation. Here’s what you should do right away:
1. Seek Medical Attention Immediately
Even if your injury seems minor, it’s important to seek medical attention as soon as possible. Certain injuries, such as concussions or internal damage, may not be immediately visible but can worsen over time. By seeking medical help, you not only protect your health but also ensure there is a clear medical record of your injury. In both New York and New Jersey, your medical treatment will be covered by your employer’s workers’ compensation insurance, but you need to act quickly. For example, a delay in seeking treatment may give insurers a reason to dispute the severity or even the existence of your injury.
2. Notify Your Employer
In New York, workers have 30 days to report an injury to their employer, while in New Jersey, you have 90 days. The sooner you notify your employer, the better. Ideally, your notification should be in writing to create a record of the injury and ensure there’s no confusion later. If you fail to notify your employer within the specified time frame, you risk losing your right to file a workers’ compensation claim altogether.
3. Document Everything
Documentation is key. Take photos of the accident scene if possible, keep a record of all medical treatments, save any emails or correspondence with your employer, and maintain a log of how the injury is affecting your daily life. This information will be invaluable if you face pushback from your employer or the workers’ compensation insurance company.
4. File a Workers’ Compensation Claim
Once you’ve notified your employer, you’ll need to file a formal workers’ compensation claim. In New York, this involves submitting a C-3 form to the Workers’ Compensation Board, while in New Jersey, your employer is responsible for filing the claim with their insurance provider. Follow up to ensure that the paperwork has been completed and keep copies of all forms for your records.
Workers’ Compensation Rights in New York and New Jersey
Understanding your rights under the workers’ compensation laws in New York and New Jersey is crucial. While both states have similar systems in place, there are some key differences in the benefits provided, the filing process, and the rights of workers.
New York Workers’ Compensation
In New York, employers are required to carry workers’ compensation insurance, which provides benefits to injured employees. Workers are entitled to medical care, wage replacement, and, in some cases, permanent disability compensation. If an injury keeps you from working, workers’ compensation will cover two-thirds of your average weekly wage, up to a set maximum.
New York also provides different benefits based on the severity of the injury, including temporary and permanent disability compensation. Temporary disability provides benefits until you recover enough to return to work, while permanent disability applies if you are unable to return to your previous job due to the injury. For example, in cases like Matter of Acme Steel & Workers’ Compensation Board, the courts have reaffirmed the importance of full benefits for workers who are permanently disabled due to workplace injuries.
New Jersey Workers’ Compensation
In New Jersey, workers also have the right to wage replacement, medical care, and permanent disability benefits. However, New Jersey’s laws differ slightly. For example, temporary disability benefits only kick in if you’re out of work for more than seven days, and New Jersey has an additional inheritance tax for beneficiaries of workplace compensation.
Both states require that claims be filed within two years of the injury or two years from when the worker should have reasonably known about the injury, whichever is later. These laws ensure that workers are protected, but they also require that injured workers act quickly to secure their rights.
To learn more about the specific compensation available to injured workers in your state, check out our employer rights page.
Common Employer and Insurance Tactics to Watch For
While workers’ compensation laws are designed to protect employees, not every employer or insurance company plays by the rules. Some may try to delay the process, minimize your compensation, or outright deny your claim. Here are a few common tactics to watch out for:
1. Delaying the Claim Process
Delays are a common tactic used by insurance companies to frustrate injured workers into accepting less compensation than they deserve. They may ask for unnecessary documentation, “lose” important paperwork, or drag out medical evaluations. In both New York and New Jersey, there are specific timelines for how long insurance companies can take to process claims. Be sure to follow up regularly and know your rights. If your claim is being delayed without cause, you may have grounds to file a complaint or seek legal representation.
2. Low Settlement Offers
After filing your claim, the insurance company may offer you a settlement that seems attractive on the surface but doesn’t cover all your medical bills, lost wages, and future care. It’s important to thoroughly review any settlement offer and consult with a lawyer before accepting. Accepting a low settlement could leave you paying out of pocket for ongoing medical treatments or suffering financial hardship due to lost wages.
3. Pressuring You to Return to Work
In some cases, employers may pressure injured workers to return to work before they’re fully healed. This is often done to minimize the amount of wage replacement benefits they have to pay out. However, returning to work too soon can exacerbate your injury and prolong your recovery time. Always follow your doctor’s recommendations, and don’t let an employer or insurance company push you into making a decision that could jeopardize your health.
For more information on employer and insurance tactics, you can read this detailed article that outlines common challenges injured workers face across the country.
When to Seek Legal Assistance
While some workers’ compensation cases are straightforward, others can quickly become complicated, especially if your claim is denied or if there’s a dispute over the extent of your injuries. Knowing when to seek legal assistance can make the difference between a successful claim and one that is unfairly denied.
• Claim Denials If your claim is denied, don’t panic—both New York and New Jersey provide avenues for appealing the decision. In New York, you can request a hearing with the Workers’ Compensation Board, and in New Jersey, you can file a formal claim petition or request an informal hearing with the Division of Workers’ Compensation. An attorney can help you navigate the appeals process, gather additional evidence, and represent you during hearings.
• Permanent Disability and Complex Injuries For workers dealing with permanent disabilities, calculating compensation can become complicated. Benefits vary based on whether the disability is partial or total, and in cases where the injury impacts future earning potential, it’s essential to have a lawyer negotiate on your behalf to ensure you receive fair compensation.
• Third-Party Liability Claims In some cases, a workplace injury may be the fault of a third party, such as a contractor or equipment manufacturer. While workers’ compensation covers medical expenses and lost wages, it does not provide compensation for pain and suffering. In cases of third-party liability, you may be able to file a lawsuit to recover additional damages.
Seeking legal assistance early can save you a lot of time and stress. To find out more about your legal options, visit our legal services page.
FAQs
1. How long do I have to file a workers’ compensation claim in NY or NJ?
• In New York, you must file your claim within two years of the injury or two years from when you knew or should have known about the injury. In New Jersey, you also have two years to file a claim, but the notification timeline differs—you must inform your employer of the injury within 90 days. Filing outside of these time frames can result in losing your right to compensation.
2. What should I do if my workers’ compensation claim is denied?
• If your claim is denied, you have the right to appeal. In New York, you can request a hearing with the Workers’ Compensation Board, while in New Jersey, you can file a formal petition with the Division of Workers’ Compensation. In either case, it’s highly recommended to seek legal representation to improve your chances of success.
3. Can I receive workers’ compensation for repetitive stress injuries?
• Yes. Repetitive stress injuries, such as carpal tunnel syndrome or back injuries from repetitive motions, are recognized as compensable workplace injuries in both New York and New Jersey. However, it’s important to document the onset of your symptoms and seek medical attention as soon as you suspect an injury.
Suffering a workplace injury is stressful enough without the added burden of navigating the workers’ compensation process. Knowing your rights and understanding the steps you need to take after an injury can ensure that you get the compensation and care you’re entitled to.
If you’ve been injured on the job and need help filing a claim or dealing with an employer or insurance company, contact the Law Offices of G Martin Meyers for a free consultation. Our experienced team is ready to help you protect your rights and secure the benefits you deserve.