Are all workers covered by Workers Compensation?
It depends. Most often, an injured worker will be covered by Workers Compensation. However, if the worker is an independent contractor, they may not be entitled to Workers Compensation. In addition, if the worker works for the federal government or some other federal agency, the injured worker may have to file a separate and specific Workers Compensation Claim. In addition, some employers are uninsured, and at that time, if an injured worker is injured, they will need to pursue an uninsured employer’s fund case, which can prove to be very difficult.
How long after an injury do I have to report it to my employer?
Upon being injured at work, you should immediately fill out an incident report and report same to your employer. The law gives the injured worker up to 14 days to report the injury, often without repercussions. After the injury goes unreported for more than 14 days, there are varying standards of proof until you get to the sixth-month period. Any injuries reported after six (6) months from the date of accident are very difficult, if not impossible, to establish as work related.
How long after an injury do I have to file a claim for benefits?
A formal Claim Petition must be filed (to meet the statute of limitations) within two (2) years from the last date of payment of a medical bill by the insurance company and/or date of medical treatment paid for and authorized by the insurance company.
To be safe, a formal Claim Petition should be filed within two (2) years from the date of the actual accident. However, in some instances, Claim Petitions are filed after two (2) years, but still meet the statute of limitations due to the above criteria.
If you are 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 Camden, Burlington, Gloucester, Mercer, Atlantic, 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 856-577-9138, at www.denninlegal.com, or at [email protected] All consultations are free and private.