When an employee becomes injured on the job, they are entitled to receive workers’ compensation benefits. This is to assist them in covering certain expenses while they are recovering and cannot return to work. In the event that there is a dispute between the injured employee and their employer or their insurance carrier over their entitlement to these benefits, they may wish to file a Claim Petition or an Application for an Informal Hearing with the Division of Workers’ Compensation. When either is filed, the case is assigned to a judge to determine if the individual should receive workers’ compensation benefits.
If a dispute over workers’ compensation benefits ensues, the employee can file an application for an informal hearing before a judge of compensation. This is done to resolve the issue without the need for formal litigation. Issues that require an informal claim may be temporary benefits, medical treatment, or permanency benefits. Any of these matters may be addressed at the hearing.
When an informal claim is filed for a hearing, the employee, their employer and/or their insurance company will receive information about the scheduling of the hearing from the Division of Workers’ Compensation within a few weeks. Usually, these claims are resolved within the first or second scheduled hearing. The suggestions made by a judge during an informal hearing are not binding on either party and the employee can file a formal claim petition.
Injured employees also have the option of filing a formal claim petition. The first hearing for a formal claim is usually held within six months from when the petition is filed. Most of these claims are settled by a mutual agreement on the extent of the disability and the amount in benefits that are due.
If these issues are not resolved during the pretrial stage, the trial may continue. A continuation of the trial may involve testimonies from the injured worker, medical and lay witnesses. Once the trial is done, the judge will make a decision based on the evidence regarding the case. These rulings are binding and can only be appealed to the Appellate Division of the Superior Court.
Statute of Limitations
It is important to know that there is a statute of limitations on filing a claim. A statute of limitations is a deadline that employees are required to meet if they wish to file to receive certain benefits. In New Jersey, there is a two-year statute of limitations for workers’ compensation cases. This requires a formal claim petition to be filed within two years of the date of the injury or the date of the last payment of compensation.
If you have become the victim of an on the job injury, it may be beneficial to speak with an attorney and the doctor that is treating you to determine how to make the process as easy as possible. AllianceMeds understands that a workplace accident can be challenging and is here to help. We will deliver your medication to your door using overnight delivery and cover any out of pocket expenses that may arise. If you have any questions about how we can help, contact AllianceMeds today.