The
importance of reporting your workplace injury
When you are injured while on the job, it is
extremely important to notify your employer of the accident in order to protect
the rights you may have in making a worker’s compensation claim. Although the
rules in New Jersey allow a period of up to 90 days to inform your employer, it
is recommended that you report the accident as soon as possibly. Often, an
injured employee may not realize the severity of the injuries until after 90
days have passed and may be blocked from making a claim for Worker’s
Compensation benefits.
Injured?
Contact Us Now!
Such was the situation in Alvarez v. Continental
Airlines, A-3039-12T3 (App. Div. October 18, 2013). In this case, an
International Service Manager for Continental Airlines slipped and fell inside
an airplane on October 21, 2001, striking his head, shoulders and neck on the
airplane’s floor. Instead of reporting the injury to his employer, he instead
self-treated his injuries.
For unrelated reasons, the injured worker took a
leave of absence and returned to work 6 months later, however by this time the
pain from his injury was too great for him to continue working. At this time,
he sought treatment from his Employer’s approved medical provider and could not
return to work for an entire year.
After that year, the injured worker attempted to
file a claim for worker’s compensation benefits. The employer denied that claim
for failure to timely report an injury. After several years in court, a Judge
of Compensation dismissed the case for failure to provide timely notice.
Ultimately, the injured worker lost out on any permanency claims of worker’s
compensation benefits, as the court found he did not report the injury and the
employer had no way of knowing about the injury within the 90 days.
If you have been injured on the job, contact Simon
Law Group and speak with a NJ Workers' Compensation Attorney at 800-709-1131 or
complete the form on the left of this page.
No comments:
Post a Comment