NJ workers who are injured due to work related injuries are eligible to receive workers’ compensation benefits. However, injured workers must give notice to their employers within a specified time period or they may lose their rights to receive benefits.
N.J.S.A. 34:15-17 Notification of Employer provides:
34:15-17. Notification of employer. Unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or some one on his behalf, or some of the dependents, or some one on their behalf, shall give notice thereof to the employer within fourteen days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained. If the notice is given, or the knowledge obtained within thirty days from the occurrence of the injury, no want, failure, or inaccuracy of a notice shall be a bar to obtaining compensation, unless the employer shall show that he was prejudiced by such want, defect or inaccuracy, and then only to the extent of such prejudice. If the notice is given, or the knowledge obtained within ninety days, and if the employee, or other beneficiary, shall show that his failure to give prior notice was due to his mistake, inadvertence, ignorance of fact or law, or inability, or to the fraud, misrepresentation or deceit of another person, or to any other reasonable cause or excuse, then compensation may be allowed, unless, and then to the extent only that the employer shall show that he was prejudiced by failure to receive such notice. Unless knowledge be obtained, or notice given, within ninety days after the occurrence of the injury, no compensation shall be allowed.
The statute may be confusing to many workers because the first part of the section says employees shall give notice within 14 days, in the middle it refers to 30 days, and at the end, it says unless employers have notice within 90 days of the injury, no compensation shall be allowed.
The bottom line is that the law allows injured workers to report their accidents and injuries within 90 days from the date of the accidents; however, the statute encourages injured workers/employees to report their injury as soon as possible.
If the employee reports an injury after 14 days, but within 30 or 90 days, the employee may not receive benefits if the employer can show that he was prejudiced in some way.
If the injured employee reports an injury after 90 days, he will lose his right to receive workers compensation benefits.
How should injured workers protect themselves? Report the accident/injury as soon as possible.
Injured at Work in NJ? Call Phil T. Ciprietti to schedule a FREE case evaluation. Mr. Ciprietti will make sure that you receive all of the benefits you are entitled to under NJ’s workers’ compensation laws. 800.281.8695
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