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Filing For Workers’ Compensation

If you are hurt on the job, you’ll want to file a workers’ compensation claim. Here are some tips for what you should do if you are injured at work, courtesy of personal injury and auto accident lawyers of NJ at The Law Offices of Vincent J. Ciecka, P.C.

  • You must contact your employer and inform them of the situation.
  • Most likely, you’ll be asked to fill out an incident report. Make sure you obtain a copy for yourself.
  • Be sure to get information from anyone that witnesses the accident. Sometimes, another third party may be responsible and they could have other legal rights.
  • Don’t wait to report the injury even if it may not seem significant at the time. You might not feel the extent of some injuries until some time has passed and at the point, it may be harder to prove the incident was the cause, especially if it wasn’t reported.
    • In Pennsylvania, you have up 120 days after the incident to report it.
    • In New Jersey, you only have 90 days, but for disability, you have two years.
    • The Statute of Limitation on original claims in PA is three years.
    • The Statute of Limitation on original claims in NJ is two years from date of accident OR two years from the last date of authorized medical care.
  • Reporting occupational disability has a two year limit. There is a scale for what you need to prove if you do not report the accident in a timely fashion.

 Regarding Temporary Total Disability (TTD) & Maximum Medical Improvement (MMI):

    • PA has higher TTD weekly rates and won’t always stop TTD at MMI.
    • NJ has lower TTD weekly rates which always terminates at MMI.
  • You will likely be asked to seek medical treatment. If the employer supplies a list of doctors, you’ll have to sign an acknowledgment form stating that you received that list. Be sure to carefully read any document you sign, like an authorization to release medical records or an employee verification form.

If you miss a shift or a day of work, your employer must report the injury to appropriate Workers’ Compensation group, depending on the state. Don’t hesitate to consults with our legal team early in the process.

Once you see a doctor, be sure to be specific about how the injury occurred as well as the effects you’re feeling from the incident. Go into detail and don’t leave anything out. If you don’t follow these steps in a timely fashion, it will be harder to win you the compensation you deserve.

We are available for free consultations to hear your case and offer our legal advice. If you’re looking for workers comp attorneys or accident lawyers in NJ or PA, contact us at The Law Offices of Vincent J. Ciecka, P.C. We handle these cases on a contingency basis. If you don’t get paid, we don’t get paid. Call 856-283-0589 or fill out a contact form on our website today.

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