How Do I File a Workers’ Compensation Claim in New Jersey?

Legally reviewed by Lisa J. Pezzano, Esq. - Laddey Clark & Ryan Pezzano Law Group Division

If you were injured on the job in New Jersey, you may be wondering how to file a workers’ compensation claim and what steps you should take to protect your rights. The process can be overwhelming, especially when you are dealing with medical treatment and lost wages at the same time. Understanding how the system works and how to avoid common mistakes can make a significant difference in the outcome of your claim. Read on and work with an experienced New Jersey workers’ compensation claims attorney for more information today.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program providing medical benefits and wage replacement to employees who suffer work-related injuries or illnesses, regardless of fault. It is designed to offer a quick, efficient system for providing specific benefits while limiting an employer’s liability to traditional negligence lawsuits. In exchange for these fixed benefits, the employee typically forfeits the right to sue their employer for pain and suffering.

How Do I File a Workers’ Compensation Claim in NJ?

The process for filing a workers’ compensation claim in New Jersey involves several steps that must be followed promptly. Consider the following.

1.  Report the injury immediately: The first step is to report your work-related injury or illness to your employer. This must be done as soon as possible, generally within 90 days. Provide notice to your supervisor or another official. You should report the date, time, and location of the incident, and describe the injury and how it happened.
2. Seek medical attention: Get immediate medical treatment. Your employer or their insurance carrier generally has the right to direct you to an authorized medical provider for evaluation and treatment. Failure to see the authorized doctor may jeopardize your claim.
3. File a claim petition (if necessary): While reporting the injury should initiate the process, if your employer denies the claim or fails to provide benefits, you must file a formal Claim Petition with the New Jersey Division of Workers’ Compensation requesting benefits.
4. Consult an attorney: Workers’ compensation cases can be complex. Consulting an experienced New Jersey workers’ compensation attorney is strongly recommended to ensure all paperwork is filed correctly, deadlines are met, and your rights to appropriate medical care and indemnity benefits are fully protected.

It is imperative that you follow proper procedures to ensure you are covered under workers’ compensation.

How Long Do I Have to Report a Work Injury in NJ?

You should notify your employer of a work-related injury or illness immediately, but no later than 90 days from the date of the accident. This notice triggers your employer’s obligation to notify their workers’ compensation insurance carrier and begin the claims process.”

The deadline to file a formal Claim Petition with the Division of Workers’ Compensation is two years from the date of injury or the last date temporary or medical benefits were paid. It is crucial to meet these strict deadlines to protect your eligibility for benefits.