Apr 132015
 

When there are disputes between injured workers and their employers about workers’ comp benefits, injured workers may file a Claim Petition with the Division of Workers’ Compensation. This is not the same as filing a workers’ compensation claim. A Claim Petition is filed after a workers’ comp claim has been opened.

There are different situations when an injured worker may file a Claim Petition in New Jersey:

  1. dispute about whether the claim is compensable, i.e., whether the injury is considered work related;
  2. the extent and type of medical treatment needed for an injury;
  3. the amount of payment; and
  4. filing for permanent disability benefits.

Though an injured worker may file the Claim Petition, it is often best to have an experienced workers’ comp lawyer to represent the injured worker.

Time Limitation to File a Claim Petition

If there is a dispute regarding a workers’ comp claim or if the injured worker is filing for permanent disability benefits, a Claim Petition must be filed within two years of the accident pursuant to the law.

Information in the Claim Petition

In addition, pursuant to NJ workers’ comp laws, the Claim Petition must provide certain information. N.J.S.A. 34:15-51 provides:

A paper copy of the petition shall state the respective addresses of the petitioner and of the defendant, the facts relating to employment at the time of injury, the injury in its extent and character, the amount of wages received at the time of injury, the knowledge of the employer or notice of the occurrence of the accident, and such other facts as may be necessary and proper for the information of the division and shall state the matter or matters in dispute and the contention of the petitioner with reference thereto.

Where the Claim Petition is Filed

Once the claim is filed, the case will be assigned to a judge. Depending on where the injured worker resides, a judge in that county will hear the claim. If the worker lives out of state, a judge in the county where the employer is located will be assigned the case. If a worker living in Philadelphia, PA who works for a company in Cherry Hill, NJ, is injured at work and files a Claim Petition, a judge in a Camden County District Office will hear the case.

What Happens After a Claim Petition is Filed?

After the Claim Petition is filed, the Division of Workers’ Compensation shall forward a copy of the petition to the employer directing the employer to file an answer within 30 days.

After the employer files an answer, a hearing for the petition will be scheduled.

Help Filing a NJ Worker’s Compensation Claim Petition

If you were injured while at work in New Jersey and need help filing a Claim Petition, call the Law Office of Philip T. Ciprietti to schedule a FREE consultation. Mr. Ciprietti has helped numerous injured workers in NJ obtain the benefits they deserve. 856.983.8695

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