Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently.
Workplace Injury Q & A
A work injury creates two records at once. One is medical, showing symptoms, treatment, and restrictions. The other is workplace-based, showing the task, the report to the employer, lost time, and the response from the carrier. The questions below make more sense when those two timelines are kept together from the beginning.
What should I do if I'm injured on the job?
You were hurt at work, and the first few decisions can shape what happens next. Report the injury, document how it happened, and seek medical treatment promptly. New Jersey workers' compensation coverage may provide medical care, temporary wage benefits, and additional compensation after treatment. Start with these steps:
- Report the injury to your employer. Employers are required to fill out a state form called a "First Report of Injury."
- Fill out an incident report if your employer has one. If not, write down everything you can remember. Be specific about where it happened, along with the names of anybody who was there when it happened.
- Go for medical treatment immediately and provide the doctor with a detailed accounting of what happened.
If you have been injured in any way in an accident that occurred at your workplace or while working for the benefit of your employer, you probably have a claim.
Why would I contact an attorney after being injured on the job?
For three main reasons:
- To make certain you are getting the proper medical treatment from quality medical professionals and not being short changed.
- To ensure that your salary and wages are continued even if you are not able to go back to work.
- To ensure that you are provided additional money to compensate you for the injury. Keep in mind that the residual effects of an injury can last a lifetime and worsen as you get older.
When do I contact an attorney after being injured at work?
As soon as possible. It is good to have a guide to help protect you from job loss and opportunity loss. People who do not find representation are sometimes treated as if they are unknowledgeable and dispensable.
Am I suing my employer by filing for workers' compensation?
No. Workers' compensation is a benefit that you are entitled to. A claim petition is filed and a Department of Labor judge presides over a hearing to ensure that the insurance company is fair in what they pay you, which it is 99% of the time. It takes two short doctors' visits and one short visit to a Workers' Compensation office, and the attorney does all of the work.
Will I get fired if I file for workers' compensation?
No. There are laws that prohibit retaliation as a result of workers' compensation matters.
Should I file a workers' compensation claim, or leave it alone as long as my medical bills are paid?
Medical bills are only a small part of what you are entitled to. The residual effects of an injury can last a lifetime and worsen as you get older. NJ workers' compensation is intended to compensate you for those residual effects that will affect you as you age. Not getting a lawyer can mean leaving significant compensation on the table -- in some cases, tens or hundreds of thousands of dollars.
The immediate decision is not simply whether to “file” or wait. It is whether the employer has a clear report, authorized treatment is moving forward, wage loss is documented, and ongoing symptoms are reflected in the medical record. Bringing those four threads to a workers' compensation review gives counsel a concrete picture of where the claim is working and where it has stalled.