Workers' Compensation in New Jersey

New Jersey Workers’ Compensation Attorney

A workplace injury can happen without warning and upend your life, leaving you unable to work, facing mounting medical bills, and uncertain about your future. New Jersey's workers' compensation system exists to protect you in exactly this situation, but navigating it alone, especially when an employer or insurance carrier disputes your claim or pressures you to settle quickly, can be overwhelming. At the Law Office of David H. Kaplan, we represent injured workers throughout New Jersey and fight to make sure they receive every benefit they are entitled to under the law.

How New Jersey Workers’ Compensation Works

New Jersey’s Workers’ Compensation Act is a no-fault system, meaning you are entitled to benefits for a work-related injury or illness regardless of who was at fault, whether it was your employer’s negligence, a coworker’s mistake, or an unavoidable accident. In exchange for this guarantee, workers generally cannot sue their employer directly for pain and suffering related to a work injury. Your remedy is through the workers’ compensation system.

Workers’ compensation claims in New Jersey are administered through the Division of Workers’ Compensation, which is part of the New Jersey Department of Labor and Workforce Development.

What Injuries and Conditions Are Covered?

Workers’ compensation in New Jersey covers:

• Acute injuries from a specific workplace accident, such as a fall, a machinery accident, or a lifting injury

• Occupational diseases or conditions that develop over time due to workplace exposure, such as hearing loss, respiratory disease, or repetitive stress injuries

• Cumulative trauma injuries resulting from repetitive motions or sustained physical demands of a job

• Pre-existing conditions that are aggravated or worsened by workplace activity

What Benefits Are Available?

Injured workers in New Jersey may be entitled to several types of workers’ compensation benefits:

Medical Benefits

Your employer’s workers’ compensation insurance carrier is responsible for paying all reasonable and necessary medical treatment related to your work injury. This includes emergency care, hospitalization, surgery, prescription medications, physical therapy, and follow-up treatment. You must generally treat with an authorized physician through your employer’s insurance carrier, though there are exceptions.

Temporary Total Disability (TTD) Benefits

If your injury prevents you from working for more than seven days, you are entitled to temporary total disability benefits equal to 70% of your average weekly wage, subject to a state maximum. These benefits continue until you are able to return to work or reach maximum medical improvement.

Permanent Partial Disability (PPD) Benefits

If you sustain a permanent impairment but are still able to work in some capacity, you may be entitled to permanent partial disability benefits. The amount depends on the nature and extent of your permanent impairment and is determined by a schedule of benefits for specific body parts or, for non-scheduled injuries, by the overall percentage of disability.

Permanent Total Disability (PTD) Benefits

If your injury leaves you permanently and totally unable to work, you may be entitled to permanent total disability benefits equal to 70% of your average weekly wage for 450 weeks, and potentially for life if the disability continues.

Death Benefits

If a worker dies as a result of a work-related injury or illness, surviving dependents may be entitled to death benefits and funeral expenses.

What to Do After a Workplace Injury

Taking the right steps after a workplace injury protects both your health and your legal rights:

• Report your injury to your employer as soon as possible. New Jersey law requires notice within 90 days of the accident or discovery of the condition

• Seek medical treatment promptly

• Follow your treating physician’s instructions and attend all appointments

• Keep records of all medical treatment, expenses, and communications with your employer and their insurance carrier

• Do not sign any releases or settlement agreements without first consulting an attorney

Can Your Employer Retaliate Against You for Filing a Workers’ Compensation Claim?

No. It is illegal under New Jersey law for an employer to fire, demote, or otherwise retaliate against an employee for filing a workers’ compensation claim or for testifying in a workers’ compensation proceeding. If you believe you were retaliated against for exercising your workers’ compensation rights, you may have a separate legal claim against your employer.

What Is the Statute of Limitations for Workers’ Compensation Claims in New Jersey?

In New Jersey, you generally must file a workers’ compensation claim petition within two years of the date of the accident or the date of the last payment of compensation, whichever is later. For occupational diseases, the two-year period typically runs from the date you knew or should have known that your condition was work-related.

Frequently Asked Questions

Do I need a lawyer for a workers’ compensation claim in NJ?

You are not required to have an attorney, but having one significantly improves your chances of receiving full benefits, particularly if your claim is disputed, if you have a permanent disability, or if you are facing pressure from your employer or their insurance carrier to settle quickly.

What if my employer says my injury is not work-related?

Disputed claims are common. An attorney can help you gather medical evidence, obtain expert opinions, and present your case before the Division of Workers’ Compensation to establish that your injury is compensable.

Can I choose my own doctor for workers’ compensation treatment in NJ?

Generally, you must treat with a physician authorized by your employer’s insurance carrier. However, in an emergency you can seek treatment from any provider. If you are unhappy with the authorized physician, an attorney can help you navigate the process of requesting a change or obtaining an independent medical evaluation.

What if I was injured because of a third party, not just my employer?

If your injury was caused in part by someone other than your employer, such as a contractor, equipment manufacturer, or property owner, you may be able to pursue a separate personal injury lawsuit against that third party in addition to your workers’ compensation claim. This can significantly increase the total compensation available to you.

What happens if my workers’ compensation claim is denied?

You have the right to contest a denial by filing a claim petition with the New Jersey Division of Workers’ Compensation. The case will proceed through a formal hearing process before a workers’ compensation judge. An attorney can represent you throughout this process.