How long do I have to file my Workers’ Compensation Claim?

Experienced Workers´Compensation Attorneys assist Clients in Princeton, Pennington, East Windsor, Ewing and across Mercer County

Traumatic Injuries vs Occupational Injuries in NJ

The time someone has to file a workers´ compensation claim depends on whether or not an injury is what is called a traumatic injury or an occupational injury. A traumatic injury is two years from the date of the occurrence or if accepted by the insurance carrier two years from the date they receive their last payment of compensation. If it is an occupational claim, it´s two years from the date you knew or should have known that your injury was related to your employment.

So, there´s a two-year statute on both a traumatic and occupational but those two years are determined differently under the circumstances.

Potential Workers Comp Benefits Regardless of Fault

An injured employee is entitled to benefits regardless of who was at fault. Depending on the circumstance of your claim, you may be entitled to one or more of the following benefits:

  • Medical Benefits: All necessary and reasonable medical treatment and care for your work-related injury.
  • Temporary Total Benefits: Payment for lost earnings if you are injured for more than seven days, and totaling approximately (70%) of your average weekly wages.
  • Permanent Partial Benefits: Weekly payments made to you for the loss of function or disability to a body part. The state has pre-calculated the amounts due to various body parts.
  • Permanent Total Benefits: If the injury prevents you from returning to working or seeking any field of employment you may be entitled to Permanent Total Benefits, or wage replacement benefits calculated and paid to you as approximately seventy percent (70%) of your average weekly wage.
  • Death Benefits: Your dependents, a surviving spouse or children, may be entitled to death benefits also calculated at roughly seventy percent (70%) of your average weekly wages. Your employer’s insurance provider may also compensate your survivors with $3,500 for funeral expenses.

Contact a Mercer County Workers’ Compensation Attorney Today to Receive the Benefits You Deserve

The workers’ comp lawyers at Kamensky Cohen & Riechelson, lead by Curt J. Cox, will fight to get you the benefits you deserve. Additionally, we work on a contingency basis, which means we only get paid if you receive compensation for your injuries.

Call us today 609.528.2596 to discuss your workers’ compensation case with one of our experienced attorneys, or email us to schedule a meeting at our Trenton, Bensalem, or Philadelphia offices.