Workers’ compensation as the name suggests, is a type of compensation that a person gets for getting hurt or injured while working in his or her work place. These types of cases are also categorized under personal injury cases and therefore, the state laws of New Jersey allows the victim to receive compensation for the loss, pain and injury that he or she has suffered as a result of the negligent attitude of the organization towards the safety of the workers. This article here tries to explain the procedure one needs to follow while filing a claim for workers’ compensation personal injury New Jersey cases.
For a person to become eligible for getting workers’ compensation, it is held essential for the injured employee to inform or notify the employer about the accident and injuries within 30 days or less of the occurrence of the accident, failing which, the court of law will deny compensation for the injury.
Since for personal injury New Jersey cases, especially the workers’ compensation cases are paid by the insurer company of the employer company, the insurer may ask the victim of the case to appear for a medical examination, which is often termed as the Independent Medical Examinations (IME). In this procedure, the insurer company chooses a doctor of their choice and asks the doctor to examine the victim to understand the nature and severity of the injuries incurred by the victim. The doctor may also ask the victim about his or her medical history.
The state or the court of law may again ask the victim to undergo medical examinations under an impartial lawyer- one who has no records of being an IME doctor with an any insurer company. This is done to check the injuries in details and properly.
After the victim has complained and filed a lawsuit for compensation against the personal injury New Jersey case that he or she has suffered from, the victim will then have to appear for the court hearings or proceedings and provide his or her statement in front of the court, regarding the injury and how the accident happened and how according to the victim his or her employer is responsible for the accident,
the court will also summon the employer and his or her insurer company to hear their versions and how much injury the victim has suffered from.
It is after hearing both the parties and checking the condition of the victim and the severity of the injuries he or she has incurred, that the court will order for a compensation amount.