Workers’ Compensation

A Worker’s Guide to Workers’ Compensation

What is Workers’ Compensation?

New Jersey Workers’ Compensation provides certain benefits to eligible employees who suffer job-related injuries or illnesses. Depending on the claim, benefits may include authorized medical care, temporary disability benefits for lost wages, and compensation for permanent disability. When a worker dies as a result of a work-related injury or illness, eligible dependents may also qualify for death benefits.

Obtaining the appropriate benefits is not always straightforward, particularly when a claim, treatment, or benefit is disputed. An experienced Workers’ Compensation attorney can help you understand the process, address disputes, and pursue the benefits available to you under the law.

What should I do if I am injured at work?

Notify your employer as soon as possible after a workplace injury. Notice can generally be provided to a supervisor, personnel office, or another person in authority at your workplace. While notice does not have to be in writing, documenting when and how you reported the injury can be helpful.

If you need medical treatment, you should also request it from your employer promptly. Under New Jersey Workers’ Compensation law, the employer or its insurance carrier generally has the right to select the authorized medical providers who treat a work-related injury.

If you are unsure about what to do after reporting an injury, contact our office to discuss your situation.

What if my employer refuses to provide medical treatment or temporary disability benefits?

If your employer or its insurance carrier refuses to provide benefits you believe you are entitled to, you have options for disputing that decision.

A Workers’ Compensation attorney can evaluate your claim and, when appropriate, file a formal Claim Petition with the New Jersey Division of Workers’ Compensation. Depending on the circumstances, additional applications or motions may be available to address disputes involving medical treatment or temporary disability benefits.

Under New Jersey law, attorneys may not charge an advance fee for Workers’ Compensation representation. Attorney fees are determined by a Judge of Compensation when an award is obtained and are subject to statutory limits.

Important: New Jersey generally has a two-year statute of limitations for Workers’ Compensation claims. A formal Claim Petition generally must be filed within two years of the date of injury or the last payment of compensation, whichever is later. Employer-authorized medical treatment may constitute a payment of compensation.

For occupational illnesses, the filing period generally runs from when the worker first became aware of the condition and its relationship to employment. Because deadlines can depend on the circumstances of an individual claim, it is important to seek legal guidance promptly.

Can my employer retaliate against me for filing a Workers’ Compensation claim?

New Jersey law prohibits an employer from terminating or discriminating against an employee because the employee claimed Workers’ Compensation benefits or testified in a Workers’ Compensation proceeding.

If you believe your employer has retaliated against you because you pursued Workers’ Compensation benefits, speak with an attorney promptly about your circumstances and available options.

I don’t want to sue my employer. What should I do?

Filing a Workers’ Compensation claim is generally different from filing a traditional personal injury lawsuit against your employer.

New Jersey’s Workers’ Compensation system is designed to provide eligible employees with benefits for work-related injuries and illnesses. A claim is typically handled through the employer’s Workers’ Compensation insurance carrier and, when a dispute arises, through the New Jersey Division of Workers’ Compensation.

If you are concerned about how filing a claim could affect your employment, we can explain the process and your legal rights before you decide how to proceed.

Will my employer’s insurance premiums increase if I file a Workers’ Compensation claim?

Workers’ Compensation insurance premiums are determined using multiple factors. According to the New Jersey Department of Labor and Workforce Development, premiums may be based on factors including the classification of the work employees perform, the employer’s claims experience, and payroll.

You should not give up benefits you may be legally entitled to because you are concerned about your employer’s insurance costs. If you have questions about a workplace injury or your right to benefits, speak with an experienced Workers’ Compensation attorney about your specific situation.