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Filing a workers’ comp claim

On Behalf of | Jan 11, 2022 | Workers' Compensation

When there is a dispute between an injured employee and the employer and/or insurance company over the benefits the worker should receive, the employee can file a formal Claim Petition or an Application for an Informal Hearing. A judge and a district office will be assigned to the case based on the New Jersey county where the worker lives. If the employee lives out of state, the case will be tried in the county where the company is located. If you’re a New Jersey resident, here are some other important things to know about workers’ comp.

Issues pertaining to workers’ comp

Issues related to the workers’ comp claim can include whether the illness or injury is work-related, the extent and type of medical treatment the worker needs, and the payment amount for the worker’s temporary disability benefits. The worker can also submit a petition to seek permanent disability. If the worker passed away from the injury or illness, the workers’ dependents may file a claim. Employees can represent themselves or be represented by a lawyer. The insurance company representing the employer will likely have legal representation as well.

Filing an informal claim

In a workers’ comp dispute, a worker, company, and insurance carrier are permitted to apply for an informal hearing before a judge. This often helps to resolve issues without having to go through a formal litigation process, which could take months or even years. Issues such as the amount of disability the worker will receive and proper medical treatment will be discussed at the hearing.

The judge will make suggestions during the hearing, but neither party is bound to them. The worker always retains the right to file a formal claim within the allotted time period.