How to File a Workers’ Compensation Claim

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How to File a Workers’ Compensation Claim

Have you been hurt at work? Want to learn more about filing a Workers’ Compensation claim? Please contact Corey P. Morano, Esq. at 201-598-5019 for a free consultation. I work on a contingency basis on any and all Workers’ Compensation lawsuits.

The injured worker has the option of filing a formal claim petition with the Division, within the statutory time period which is generally 2 years. The first hearing before a judge of compensation is typically held within six months from the date of filing. Cases are usually assigned to a district office by either the county of residence of the injured worker, or if the worker lives out of state, the county where the employer is located.

 

The vast majority of claim petitions are settled by mutual agreement as to the amount of benefits due and extent of disability. If the issues cannot be resolved during the pretrial stage, trial commences with the taking of testimony of the injured worker, medical and lay witnesses. At the conclusion of trial, the judge renders a decision based upon the relevant evidence surrounding the case. Their rulings are binding and are appealable only to the Appellate Division of the Superior Court.

 

Motions for Medical and/or Temporary Benefits:

The law also provides immediate recourse to the worker in need of prompt medical treatment and temporary benefits. In such instances, the worker may choose to file a “Motion for Medical and Temporary Benefits” which is assigned an initial hearing date before a Judge of Compensation within 30 days of filing. More information on all of this is available on the Department of Labor’s website.

Have you been hurt at work? Want to learn more about filing a Workers’ Compensation claim? Please contact Corey P. Morano, Esq. at 201-598-5019 for a free consultation. I work on a contingency basis on any and all Workers’ Compensation lawsuits.