Workers' comp claim denied in New Jersey: what to do next

If the carrier denies your claim or stops benefits, you can file an Application for an Informal Hearing (a quick, non-binding hearing before a judge) or a formal Employee Claim Petition with the Division.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in New Jersey

Who decides: Division of Workers' Compensation, judges of compensation (workers' compensation courts in district offices)
First step: If the carrier denies your claim or stops benefits, you can file an Application for an Informal Hearing (a quick, non-binding hearing before a judge) or a formal Employee Claim Petition with the Division. If you urgently need treatment or temporary benefits, you can file a Motion for Medical and Temporary Benefits, which is heard within 30 days. Only the formal claim petition stops the 2-year deadline.
Form: Employee Claim Petition (WC-365)
Deadline: The formal claim petition must be filed within 2 years of the injury or the last payment of compensation (including authorized medical treatment), whichever is later. An application for an informal hearing does not stop this deadline.
Medical disagreements: Your employer or carrier chooses your doctors. If it refuses or neglects to provide treatment, file a Motion for Medical and/or Temporary Disability Benefits; it is heard within 30 days. You must attend exams the employer asks for, and you may bring your own doctor to them.
: Motion for Medical and Temporary Benefits
Application for Informal Hearing
Appealing the decision: Appeal to the Appellate Division of the Superior Court of New Jersey.

File an Employee Claim Petition (WC-365) with the Division, or an Application for an Informal Hearing for a non-binding hearing before a judge.
If you need treatment or temporary benefits now, file a Motion for Medical and Temporary Benefits; a judge hears it within 30 days.
The case is assigned to a judge and a district office, usually by the county where you live. The first hearing on a formal petition is typically within six months.
Most cases settle; if not, a trial is held with testimony from you and medical and other witnesses, and the judge issues a binding decision.
A judge's decision can be appealed only to the Appellate Division of the Superior Court.

Law: N.J.S.A. 34:15-15, 34:15-19, 34:15-20, 34:15-51; N.J.A.C. 12:235-3.2

Source: nj.gov

Sources

The official sources for New Jersey are listed on the New Jersey page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org