Filing a workers’ compensation claim in New Jersey can feel overwhelming, especially when you’re dealing with pain, financial stress, and uncertainty about your future after a work injury. Knowing what to expect can make the process more manageable and protect your rights every step of the way.
Here’s a breakdown of how the New Jersey workers’ comp system works and what injured workers should prepare for.
Understanding the implications of a work injury is crucial for navigating the claims process.
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Step 1: Report the Work Injury Immediately
Under New Jersey law, you must report your work injury to your employer as soon as possible. While the law allows for oral notification, it’s best to do it in writing and keep a copy. You have 90 days from the date of the accident to report it, but the sooner, the better.
Once notified, your employer is required to file a First Report of Injury with their insurance company. That’s what starts the formal workers’ comp process.
Step 2: Receive Authorized Medical Treatment
Your employer (or their insurer) will direct you to an authorized medical provider. This doctor will control your care and determine whether you’re fit to return to work. You can’t just go to your personal doctor and expect workers’ comp to cover it—unless it’s an emergency or treatment is denied.
Medical expenses for authorized treatment should be fully covered by the employer’s insurance—no copays or deductibles.
Step 3: Temporary Disability Benefits (If You Can’t Work)
If you’re unable to work for more than seven days due to your injury, you may qualify for temporary total disability benefits. These are paid at 70% of your average weekly wage, up to a state-set maximum (as of 2025, the max is $1,131 per week).
These benefits continue until:
- You are medically cleared to return to work,
- You reach maximum medical improvement (MMI), or
- You return to work in any capacity.
Step 4: Permanent Disability Evaluation
Once your treatment ends, you may be evaluated for permanent partial or permanent total disability. This determines whether you’re entitled to ongoing compensation based on long-term limitations.
Your employer may request an independent medical exam (IME), and you have the right to get your own expert evaluation as well.
Step 5: Settlement or Formal Hearing
Most claims settle through a Section 20 or Section 22 agreement, depending on the nature of your disability and whether there’s a dispute.
If the case doesn’t settle, it proceeds to a formal hearing before a Judge of Compensation. This process can take months, and testimony from doctors and other experts is often involved.
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What’s Covered Under NJ Workers’ Comp?
New Jersey workers’ compensation covers:
- Medical treatment (100% of authorized care)
- Temporary wage replacement
- Permanent disability compensation
- Death benefits (for surviving dependents)
You are not required to prove fault. Even if the work injury was your own mistake, you’re typically still covered.
Common Challenges to Watch Out For
- Denial of benefits due to “pre-existing conditions”
- Employer delay in filing the work injury report
- Disputes over when you’re able to return to work
- Inadequate disability ratings from the employer’s doctor
- Retaliation or pressure to avoid filing a claim
Why Legal Help Matters
The workers’ comp system is designed to protect employees, but the process can still be adversarial and complex. Employers and insurers often look for ways to minimize your claim—or deny it altogether.
Did you or a loved one sustain serious injuries due to a workplace accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal workplace injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled work injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, East Orange, and throughout New Jersey. Call 732-442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
