Statutes of Limitations in Workers’ Compensation Cases

Work Comp Statute of Limitations Lawyer Trenton

With Offices in Trenton and Pennington, New Jersey

The “statute of limitations” refers to the time period in which you must file a claim for workers’ compensationo in the State of New Jersey. Your workers’ compensation claim will be rejected if you wait too long to file the claim. The best way to protect yourself and ensure that you do not lose your legal right to file a workers’ compensation claim is to speak with an experienced workers’ comp attorney.

Work Injury Limitations Ewing NJ

Kamensky Cohen & Riechelson is a well-respected law firm with a rich tradition in New Jersey and Pennsylvania. We have more than 40 years of experience handling workers’ compensation cases throughout Mercer County, NJ, including Hopewell, Princeton, and East Windsor. Our attorneys understand the nuances of New Jersey workers’ comp laws, so you will be in good hands when you hire KCR. Call us now to discuss your workers’ comp case with one of our experienced attorneys and preserve your legal rights.

Filing Deadline for Workers’ Compensation Claims in Mercer County NJ

There is a 2-year statute of limitations for filing a formal claim petition in workers’ compensation cases. This means that the petition must be filed within two years of either the date of injury or the date of last payment of compensation, whichever is later.

For the purposes of determining whether the statute of limitations has run, medical treatment authorized and paid for by the employer or the employer’s insurance carrier will be considered a payment of compensation. The same is true if you receive disability benefits from your employer or your employer’s insurance carrier. This is an important exception to the two-year requirement because it extends the period of time in which you are allowed to file a workers’ comp claim; the case does not necessarily have to be filed within two years of the date of the accident that caused your injuries.

However, it is generally a good idea to try to file a formal claim within two years of the date of the accident; that’s the best way to ensure that you do not lose your legal right to workers’ compensation. Additionally, keep in mind that filing an application for an informal hearing does not stop the statute of limitations from running. You must still file a formal petition claim within two years.

Time Limits for Occupational Illness Workers’ Comp Claims in Lawrence NJ

When the case involves an occupational illness, it can be more difficult to determine whether the statute of limitations has run. That’s because these kinds of illness sometimes manifest themselves several years after a worker is no longer employed in a particular job. You may not even realize that you contracted an illness until you are properly diagnosed by a doctor – and you may not know that you need to see a doctor.

Once a reliable source, like a doctor or treating physician, has informed you of your illness, the clock will probably start ticking on the statute of limitations for your workers’ comp claim. If you suffer from an occupational illness such as asbestosis, lead poisoning, or hearing loss, you must file your formal claim petition for workers’ compensation within two years of the date you first became aware of the condition and its relationship to your employment.

Contact Hamilton NJ Workers’ Compensation Lawyers

Kamensky Cohen & Riechelson is ready to fight for you and help you secure maximum compensation for your work-related injuries. Additionally, we work on a contingency basis, which means we only get paid if you receive compensation for your injuries. Call us anytime to discuss your options, or fill out the online contact form to schedule a free consultation at our offices in Trenton or Pennington.

Contact Kamensky Cohen & Riechelson

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