All employers in the state of New Jersey are required to have workers’ compensation insurance should an employee be injured on the job. In some cases where there is a dispute either between the employee and the employer or the employer’s insurance provider, a Claim Petition or an Application for an Informal Hearing may be filed with the Division of Workers’ Compensation. The claim will then be assigned to a judge and an informal hearing will be held.
There are two types of claims that can be filed.
An Informal claim can be filed in order for injured employees and employers to resolve disputes without having to go through the motions of a lengthy trial proceeding. Issues such as medical treatment, benefit amounts and the permanency of benefits can be discussed during an informal hearing. The judge may make suggestions and his or her ruling is not binding. If either the employer or the employee is not satisfied with the outcome of the hearing, they may file a formal claim petition within the statutory time period.
A Formal claim can be filed with the Division of Workers’ Compensation and the first hearing is normally scheduled within six months of the filing. In most cases, mutual agreements regarding benefit amount and other issues can normally be resolved here. If a conclusion cannot be reached during the first hearing, the case moves to trial where testimony from the injured worker, lay and medical witnesses is heard. The judge’s ruling is binding and may only be appealed through the Appellate Division of the Superior Court. The employer or insurance company will normally have legal representation. It is highly recommended that an injured worker retain the services of an experienced New Jersey workers’ compensation lawyer to ensure that their rights are upheld.
If you or someone you love has suffered an on the job injury in New Jersey, Lependorf & Silverstein can help. With nearly 20 years experience per attorney, we have the skill and competency to successfully handle your New Jersey workers’ compensation claim to help you receive the benefits that you are entitled to. Call us today at (609) 240-0040 to schedule a free consultation of your case.