Workers' compensation is a important safety net for employees that are injured on the job, yet many misconceptions surround the system. These misunderstandings often deter workers from filing claims, cause unnecessary delays, or create unrealistic expectations.

To clarify how New Jersey's workers' compensation system truly works, we'll debunk some of the most common myths and provide accurate, fact-based insights to ensure employees understand their rights.

Myth #1: You Can Only Get Workers' Compensation If the Injury Was Your Employer's Fault

The Truth: Workers' compensation is a no-fault system.

Many employees mistakenly believe that they must prove their employer's negligence to qualify for benefits. In reality, New Jersey's workers' compensation system is designed as a no-fault system. Meaning that the injured workers can receive benefits regardless of who caused the accident just as long as the injury occurred during the course of employment.

For example, if a construction worker trips over their own untied shoelaces and sustains an injury, they are still eligible for compensation. The primary exceptions include injuries caused by intoxication, drug use, or intentional self-harm.

Myth #2: Filing a Workers' Compensation Claim Means You're Suing Your Employer

The Truth: A workers' compensation claim is not a lawsuit against your employer.

Majority of employees fear that filing a claim will be seen as an act of hostility against their employer. However, workers' compensation claims are handled through an insurance system, not civil court. By law, New Jersey employers are required to hold workers' compensation insurance to cover workplace injuries.

Unlike personal injury lawsuits, these claims do not seek damages like pain and suffering. Instead, they cover medical expenses, lost wages, and disability benefits. Employers are prohibited from retaliating against employees for filing a claim. If an employer takes any type of adverse action against a worker in response to a claim, the employee may have grounds for a separate retaliation lawsuit.

Myth #3: You Must Be Injured in a Sudden Accident to Qualify

The Truth: Workers' compensation covers more than just traumatic injuries.

While many claims involve sudden accidents, New Jersey's workers' compensation system also covers occupational illnesses and repetitive stress injuries. This includes conditions that develop over time due to workplace exposure, such as:

• Carpal tunnel syndrome from repetitive hand movements
• Hearing loss due to prolonged exposure to loud machines
• Respiratory illnesses from inhaling toxic chemicals or dust
• Back and joint issues from repetitive lifting or standing for extended periods

Workers experiencing these conditions should report their symptoms as soon as they recognize a work-related connection, as delayed reporting can complicate the claims process.

Myth #4: If You Have a Pre-Existing Condition, You Can't File a Claim

The Truth: A pre-existing condition does not automatically disqualify you.

A common misconception is that workers with prior injuries or health conditions cannot receive workers' compensation benefits. However, if a work-related incident aggravates or worsens a pre-existing condition, the employee is still eligible for compensation.

For example, if a warehouse worker with a history of back problems suffers a new injury while lifting heavy boxes, the worsening of their condition can be covered under workers' compensation. The key factor is whether the workplace incident directly contributed to the injury's severity or progression.

Myth #5: You Can Choose Any Doctor for Treatment

The Truth: Your employer (or their insurance company) typically selects your doctor.

In New Jersey, workers' compensation laws generally allow employers or their insurance carriers to designate the medical provider treating an injured worker. Employees who see an unapproved doctor may risk having their medical bills denied.

There are exceptions:

• If an employer refuses to provide medical care, the worker may seek treatment independently and request reimbursement.
• In emergency situations, workers can receive immediate medical attention from any available provider.

If an employee believes they are receiving inadequate care, they may file a request for a hearing with the New Jersey Division of Workers' Compensation to seek a change in treatment.

Myth #6: Workers' Compensation Only Covers Medical Bills

The Truth: Benefits extend beyond medical expenses.

While medical treatment is a significant component of workers' compensation, it is not the only benefit available. Depending on the severity and impact of an injury, New Jersey's system provides:

• Temporary Total Disability Benefits (TTD): If an injury prevents a worker from returning to their job for more than seven days, they may receive 70% of their average weekly wage, subject to a state-set maximum.
• Permanent Partial Disability Benefits (PPD): If an injury results in lasting impairment but does not prevent work entirely, the employee may be entitled to additional compensation based on the affected body part.
• Permanent Total Disability Benefits (PTD): If a worker is unable to return to any form of employment, they may receive ongoing wage replacement benefits.
• Death Benefits: If a workplace injury results in the death of an employee, the worker's dependents may receive financial assistance, including coverage for funeral costs.

These benefits aim to provide financial stability while an injured worker recovers or adapts to life post-injury.

Myth #7: You Have Unlimited Time to File a Claim

The Truth: There are strict deadlines for reporting and filing a claim.

New Jersey law requires employees to report a workplace injury to their employer within 90 days. Failing to notify an employer within this timeframe can jeopardize a claim.

Additionally, injured workers generally have two years from the date of injury (or the date they became aware of a work-related illness) to formally file a workers' compensation claim petition. Missing this deadline may result in losing eligibility for benefits.

Myth #8: If Your Claim Is Denied, You Have No Further Options

The Truth: You can appeal a denied claim.

A claim denial does not mean the process is over. Many workers' compensation claims are denied at first due to insufficient medical evidence, late reporting, or disputes over whether the injury was work-related.

Workers in New Jersey have the right to challenge a denial by:

1. Filing a formal Claim Petition with the New Jersey Division of Workers' Compensation.
2. Requesting an informal hearing to attempt a resolution before a judge.
3. Proceeding to a formal trial if the dispute remains unresolved.

Legal representation will significantly improve the chances of success in an appeal.

Conclusion

Misconceptions about workers' compensation can lead to unnecessary fear, delayed claims, or lost benefits. Understanding New Jersey's system ensures that injured workers exercise their rights effectively and receive the benefits they deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey workers’ comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.