How long do I have to report a work related accident?
Pursuant to the New Jersey Workers Compensation Act, if an employee has been injured in a work related accident, they are obligated to notify his or her employer of such injury within 90 days of the accident. Under the Pennsylvania Workers Compensation Act, however, an employee is obligated to report such work related injuries to his or her employer within 120 days of the accident. Regardless, if you have been injured in a work-related injury you should always report the accident to your employer or supervisor as soon as possible. I recommend reporting the incident immediately and filling out an incident report, listing all of the problems and injuries you are suffering from. The longer you wait to report an accident, the more likely it will be that the employer and insurance company will deny your claim. If you wait too long your claim may be barred.
How do I pay for my medical bills resulting from a work-related injury?
Injuries that result from work-related incidents can generate a significant amount of medical bills. Under both New Jersey and Pennsylvania law, if an employee is injured in a work related accident, his or her employer is responsible for the cost of any and all medical treatment arising from the injury. These laws, however, have strict regulations that must be followed in order for the injured employee to be relieved from paying for his own injuries. Most importantly, in both New Jersey and Pennsylvania, the employer’s workers’ compensation insurance company is entitled to choose the treating doctor for the injured employee and direct medical care. In Pennsylvania, the injured worker can choose his or her own doctor after 90 days. In New Jersey, the injured worker has no choice of doctor except in rare circumstances. If the injured employee fails to be treated by the doctor chosen by their employer, they may be faced with personal liability to pay for all medical bills associated with their work injury. In order to receive the greatest benefit from your state’s workers compensation law, you should make sure you are being treated by a doctor who has been specifically chosen by your employer. If you are not happy with this treatment, or if your treatment is cut off by the doctor or insurance company, you may have remedies in Court to be able to seek more treatment.
How do I pay my bills while I am out of work because of my work-related injury?
While you are out of work due to a work-related injury and struggling to survive on a partial salary, your financial obligations may become an impossible burden to deal with. Under both New Jersey and Pennsylvania law, an employee who is out of work due to a work-related injury may be entitled to receive addition compensation, such as Temporary Total Disability Benefits, for the time in which they are out of work. However, the amount of such benefits the injured employee may be entitled to receive depends on the state. In New Jersey, the Temporary Total Disability Benefits are generally 70% of the injured employee’s gross weekly earnings; whereas in Pennsylvania, the benefits are approximately 66 2/3% of his or her gross weekly earnings. There are many different rules depending on what State governs the case. Many times temporary benefits are cut off prematurely by the insurance company and you will need to fight for benefits.
Contact Attorney Michael J. Dennin
If you have been injured at any point at work I would advise you to speak with an attorney. Feel free to contact me. I represent injured workers in New Jersey and Pennsylvania. We routinely appear in Court in Pennsylvania in Philadelphia, Montgomery, Bucks, and Delaware counties. We routinely appear in Court in Camden, Burlington, Gloucester, Mercer, Atlantic, Cape May and Salem Counties. I represent Union workers, police officers, teachers, construction workers, nurses and certified nursing assistants, tradesman, and all types of workers. I can be reached at 856-665-5709, on the internet at denninlegal.com. All consultations are free and private.
Michael J. Dennin, Esq. has protected the rights of people in New Jersey and Pennsylvania since 2005. An accomplished trial lawyer, Michael J. Dennin has successfully obtained significant verdicts and settlements for his clients. Fill out Mr. Dennin’s online intake form HERE.