Bill Text: NJ A3557 | 2018-2019 | Regular Session | Introduced
Bill Title: Tolls statute of limitations for workers' compensation claims of minors.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-03-12 - Introduced, Referred to Assembly Labor Committee [A3557 Detail]
Download: New_Jersey-2018-A3557-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Tolls statute of limitations for workers' compensation claims of minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning workers' compensation claims and amending R.S.34:15-51.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.34:15-51 is amended to read as follows:
34:15-51. [Every] Except as provided below, every claimant for compensation under Article 2 of this chapter (R.S.34:15-7 et seq.) shall, unless a settlement is effected or a petition filed under the provisions of R.S.34:15-50, submit to the Division of Workers' Compensation a petition filed and verified in a manner prescribed by regulation, within two years after the date on which the accident occurred, or in case an agreement for compensation has been made between the employer and the claimant, then within two years after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by the employer, then within two years after the last payment of compensation except that repair or replacement of prosthetic devices shall not be construed to extend the time for filing of a claim petition. A payment, or agreement to pay by the insurance carrier, shall for the purpose of this section be deemed payment or agreement by the employer. The petition shall state the respective addresses of the petitioner and of the defendant, the facts relating to employment at the time of injury, the injury in its extent and character, the amount of wages received at the time of injury, the knowledge of the employer or notice of the occurrence of the accident, and such other facts as may be necessary and proper for the information of the division and shall state the matter or matters in dispute and the contention of the petitioner with reference thereto. A paper copy of the petition shall be verified by the oath or affirmation of the petitioner. Proceedings on behalf of an infant shall be instituted and prosecuted by a guardian, guardian ad litem, or next friend, and payment, if any, shall be made to the guardian, guardian ad litem, or next friend. In any proceeding in which the claimant is under the age of 18, the two-year statute of limitations for workers' compensation claims shall be tolled until the claimant reaches 18 years of age. The division shall prepare and print forms of petitions and shall furnish assistance to claimants in the preparation of such petitions, when requested so to do.
(cf: P.L.2001, c.94, s.1.)
2. This act shall take
effect immediately.
STATEMENT
This bill tolls the statute of limitations for workers' compensation claims of minors until the claimant reaches 18 years of age.
Under current law, there is a two-year statute of limitations for all workers' compensation claims, even in the case of a claimant who is under the age of 18. Under the provisions of this bill, the statute of limitations in a workers' compensation claim would not begin to run in the case of a minor claimant until the claimant reaches the age of 18. Once the claimant reaches the age of 18, the claimant would have two years in which to file the claim.
