Workers' comp deadlines in New Jersey: tell your employer and file

Tell your employer in New Jersey

Time limit

14 days

Counted from

The date of the injury

In writing?

The law does not require writing

If you are late

If your employer did not know and you gave no notice within 14 days, no benefits are due until you give notice. Notice within 30 days is not a bar unless the employer shows it was harmed by the delay. Notice within 90 days can still be accepted if you had a reasonable excuse (for example a mistake, not knowing the law, or being unable to give notice), unless the employer was harmed. If your employer neither knew nor was told within 90 days after the injury, no benefits are allowed.

Illness that develops over time

For an occupational disease, tell your employer as soon as you know your condition is related to your work. The deadline to file a claim petition runs from when you first knew the nature of the disability and its relation to your work.

Tell your employer as soon as possible. You can tell your foreman, supervisor, personnel office or anyone in authority where you work, and the notice does not have to be in writing. The law sets 14 days from the injury for notice, unless your employer already knew about it. Ask your employer for medical treatment as soon as possible.

Law: N.J.S.A. 34:15-17, 34:15-18

Source: nj.gov

File your claim in New Jersey

Time limit

2 years

Counted from

The date of the injury or the date of the last payment of compensation, whichever is later (medical treatment authorized by the employer counts as a payment)

What to file

Employee Claim Petition, filed with the Division of Workers' Compensation

Source: Form WC-365

Who files it

You report the injury to your employer (in person or in writing). Your employer's insurance carrier files the First Report of Injury electronically with the State and decides whether to accept the claim. You file with the Division yourself only if there is a dispute: a formal Claim Petition, an Application for an Informal Hearing, or a Motion for Medical and Temporary Benefits.

What your employer must do

Once you report the injury, the employer's insurance carrier files a First Report of Injury electronically with the State. The carrier investigates, and if the claim is accepted it sends you to an authorized medical provider. Every employer must post a notice at the worksite naming its workers' compensation insurance carrier.

When the insurer decides

The law sets no fixed number of days to accept or deny, but you can generally expect to wait about two weeks for temporary disability benefits. If the employer or carrier unreasonably or negligently delays payment of temporary disability or delays denying the claim, it owes you an extra 25% of the amounts due plus reasonable legal fees. A delay of 30 days or more is presumed to be unreasonable.

Illness that develops over time

For an occupational illness, such as asbestosis, lead poisoning or hearing loss, the claim petition must be filed within 2 years from the date you first knew the nature of the condition and its relation to your work (or 2 years from the last payment of compensation).

If there is a dispute, you must file a formal claim petition with the Division of Workers' Compensation within 2 years of the date of injury or the date of the last payment of compensation, whichever is later. Medical treatment authorized by your employer counts as a payment of compensation. Filing an application for an informal hearing does not stop the 2-year deadline.

Law: N.J.S.A. 34:15-51, 34:15-34

Source: nj.gov

Law: N.J.S.A. 34:15-28.1, 34:15-15

Source: nj.gov

Waiting period and first payment in New Jersey

Waiting period

Temporary disability benefits are not paid until you have been unable to work for 7 days. The days count calendar days, including weekends and holidays, and they do not have to be in a row. The day you stop work because of the injury counts as a whole day. There is no waiting period for medical benefits.

Paid back for the waiting days

If your total disability lasts more than 7 days, you are paid for the first 7 days too (benefits are retroactive to the first day).

First payment

You can generally expect to wait about two weeks for the first temporary disability payment. An unreasonable or negligent delay of payment (30 days or more is presumed unreasonable) adds 25% of the amount due plus legal fees.

How often you are paid

Weekly

Law: N.J.S.A. 34:15-14, 34:15-28.1

Source: nj.gov

Deadline if you are punished for filing

A discrimination complaint with the Division must be filed within 180 days of the last act of discrimination.

Law: N.J.S.A. 34:15-39.1; N.J.A.C. 12:235-8.1 to 8.4

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer