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How much time do I have to file a claim?

On Behalf of | Jan 24, 2020 | Workers' Compensation

According to New Jersey law, people who suffer injuries in the workplace may pursue a workers’ compensation claim to cover their medical costs. However, time is an important factor if you want to file a claim. State law does not give a worker infinite time to pursue compensation. If you are not careful, you may lose your chance to file your compensation claim.

The New Jersey Department of Labor and Workplace Development explains that workers’ compensation law applies a two year statute of limitations to comp claims. In the event a worker suffers an injury on the job, the injured worker must file a claim petition within two years of the injury or two years after the last compensation payment. The law will give priority to the later of these two dates.

Some workers do not suffer disability due to a singular workplace accident. Instead, they suffer from an occupational illness caused by exposure to substances in the workplace. Alternatively, workplace activities have either created a health problem or aggravated an existing condition. Such conditions may include hearing loss, lead poisoning or lung problems resulting from asbestos exposure.

The problem with an occupational illness is discerning exactly when it started. Occupational illnesses may go unnoticed for a long period of time. This would make it tough to discern a two year time frame for filing a claim. Fortunately, state law allows workers to time the two year statute of limitations from when they were first aware of their condition and the fact that their workplace contributed to it.

Since there is a deadline to file for a workers’ compensation claim, making sure you know all the required steps to file a claim is crucial so you do not miss out. Since the cases of injured workers will differ, do not interpret the preceding information as legal advice; it is only written to provide general information on this topic.