Mark & Galusha, Workers Compensation Attorneys - Basking Ridge, Somerset County, New Jersey
The Workers Compensation system was implemented to compensate employees injured in work-related accidents or exposed to an occupational disease. However, a worker will lose his/her rights to certain benefits if steps are not taking by the worker within specific timeframes.
Notice to Employer:
It is extremely important a worker give notice of their injury, either orally or in writing, to their employer as soon as possible. If an employee does not notify their employer of the injury within 14 days of the accident, the employee will lose any benefits they were entitled to during those 14 days. If the notice of injury does not occur within 30 days from the date of the accident and the employer is able to prove he was harmed by the delay in notification, no benefits will be due to the extent the employer can demonstrate such harm. This occurs in situations where a minor injury escalates into a more severe medical situation due to a lack in prompt medical attention. Additionally, if an employee provides notice of an injury due to a work related accident after 30 days but before 90 days, the employee becomes obligated to prove his lack to timely notice was due to a reasonable and justifiable circumstance.
The notice requirements are slightly different when dealing with cases of occupational disease. Notification must be given to the employer either within five months after the employee was last exposed to the occupational disease or within 90 days after the employee was aware or should have be aware of the causal relationship between his employment and the disease, whichever is later.
If an employee fails to give his employer notice of an injury within these time frames will completely bar the employee from any benefits.
Statute of Limitations for Filing a Formal Claim:
An injured employee has a two year statute of limitations for filing a formal workers compensation claim. The two year time limit begins either on the date of the accident or, in cases of occupational disease, two years after the employee was
while working, please contact Mark & Galusha, your Workers Compensation attorneys aware or should have be aware of the causal relationship between his employment and the disease.
Even if an injured worker satisfies the notice requirements with his employer, he will be barred from pursuing a formal claim if he does not filing with the two year statute of limitations period.
If you injured or contract an occupational disease in Bridgewater and Basking Ridge, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the contact us page.
