Why You Might Not Be Able to Collect Benefits after a Workplace Injury
In most instances, in New Jersey, when you’ve suffered an injury on the job, you have a right to file for benefits under the state’s workers’ compensation laws. As in other states, you don’t have to prove that your employer acted carelessly or negligently. You only need to show that you were hurt and that your injury occurred in the course of your employment.
There are circumstances, though, where you may put your rights to work comp benefits in jeopardy:
- You didn’t notify your employer within the time period required by law—In New Jersey, you must let your employer know about the work-related injury within 90 days of the date of injury (although it’s typically in your best interests to notify your employer immediately)
- Your injury was not work-related—Suppose you took a lunch break and left the premises. If you suffer an injury in a restaurant, in your car or elsewhere, it’s not likely that you’ll qualify for work comp benefits. If, however, you were asked to get food for others and bring it back, you may be eligible.
- Your injuries were the result of intoxication or impairment from alcohol or drugs—Unless your employer provided the controlled substances, chances are you won’t be able to collect work comp benefits.
- You did not get treatment from an approved medical professional—In New Jersey, employers have the right to require that injured workers be treated by someone from an approved list of doctors.
- You failed to get any type of medical care—If you want to qualify for workers’ compensation benefits, you’ll need to have medical records to document your injury. That requires that you seek medical attention.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.