Question 1

Can I choose my own doctor for a work injury?

Accepted Answer

In New Jersey, in most cases your employer or the workers' compensation insurance company selects the doctor who will treat you. If you disagree with the treatment, you can request a change, but you must follow the established process. In emergencies, you can seek immediate care at the emergency room.

Question 2

Can I sue my employer for a work injury?

Accepted Answer

In most cases, no. The workers' compensation system is the primary avenue for receiving benefits and generally prevents suing your employer directly. However, if a person or company outside your employer contributed to the injury, there may be a civil claim against that third party.

Question 3

What benefits do I receive from workers' compensation?

Accepted Answer

Benefits include payment of medical expenses related to the injury, compensation for lost wages if you cannot work for more than seven days, and compensation for permanent disability depending on the severity of the injury. Lost wage payments are generally 70% of your weekly wage, subject to state limits.

Question 4

What is a third-party claim?

Accepted Answer

A third-party claim is a civil lawsuit against a person or company that is not your employer but contributed to your injury. For example, if a contractor left defective equipment that caused the injury. This claim is separate from workers' compensation and may allow compensation for pain and suffering.

Question 5

How much time do I have to report a work injury?

Accepted Answer

You should inform your employer as soon as possible, generally within 90 days. The formal Claim Petition generally must be filed within 2 years from the date of the injury or from the last medical treatment paid by the insurer. Do not wait: consult with an attorney promptly.