Statute of Limitations for Filing a New Jersey Workers’ Compensation Claim Based on Occupational Diseases
The New Jersey Workers’ Compensation Act provides that there is no time limit for filing a workers compensation claim for occupational disease. However, the Act further mandates that where a claimant knows the nature of the disability and its relationship to the employment, the claim must be filed within two years of the date of such knowledge.
Understanding the statute of limitations for filing a workers compensation claim is not an easy task. If you fail to file a claim within the mandatory time frame, you may lose your right to get the benefits to which you are entitled. As such, it is imperative that you immediately consult with a New Jersey workman’s comp attorney.
Agreement of Compensation With Employer
In certain situations, the employer and employee will come to an agreement whereby the employer will provide the employee with some sort of compensation. The courts have broadly defined “compensation” to include medical treatment as well as the payment of financial benefits.
If you have made such an agreement with your employer, either you or your New Jersey workman’s comp attorney may still file a workers’ compensation claim within two years after the last payment of compensation from your employer.
If you have suffered an occupational disease, you may be entitled to workers’ compensation benefits. But in order to successfully file a claim, you must file a workers compensation claim within a statutory period of 2 years from when you gain knowledge of the nature of your disability and its relation to your work.
For more information or to schedule a complimentary consultation with a New Jersey workman’s comp attorney, call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.