New Jersey Workers' Compensation: Deadlines, Benefits and How to File

All New Jersey employers not covered by federal programs must have workers' compensation insurance or be approved for self-insurance; there is no minimum number of employees. Public employers (the state, municipalities, counties and school districts) are excepted from the insurance requirement. Domestic employees must be covered under the residential-employment provisions of homeowner's policies. Failing to carry coverage, or misclassifying employees as independent contractors, is a disorderly persons offense and, if knowing, a fourth-degree crime, and can lead to a stop-work order and civil penalties.

Tell the employer as soon as possible; notice can be given to a supervisor, the personnel office or anyone in authority and does not have to be in writing. By statute, if the employer has no actual knowledge and is not notified within 14 days, no compensation is due until notice is given. Notice within 30 days is not defeated by defects unless the employer was prejudiced; notice within 90 days can be accepted if there was a reasonable excuse for the delay. If the employer neither knows of nor is notified of the injury within 90 days, no compensation is allowed.

A formal claim petition must be filed with the Division of Workers' Compensation within two years of the date of injury, or within two years of the last payment of compensation, whichever is later; employer-authorized medical treatment counts as a payment of compensation. For occupational illnesses (for example asbestosis, lead poisoning or hearing loss), the petition must be filed within two years after the worker first knew of the condition and its relationship to the job. Filing an application for an informal hearing does not stop the two-year clock.

No wage benefits are payable until the worker has been disabled for 7 days (the days need not be consecutive, and weekends and holidays count). If the disability lasts beyond 7 days, the waiting period is paid retroactively from the first day. There is no waiting period for medical benefits or permanent disability benefits.

Temporary total disability is paid at 70% of the worker's average weekly wage, subject to a maximum of 75% and a minimum of 20% of the Statewide Average Weekly Wage (SAWW) for the year of the accident. Benefits generally continue while the worker cannot work and is under active medical care, until release to work or maximum medical improvement, for up to 400 weeks.

For accidents in 2026 (effective January 1, 2026), the temporary and permanent total disability maximum is $1,199 per week and the minimum is $320 per week. The death-benefit maximum rate is also $1,199. For permanent partial disability the 2026 schedule lists a maximum rate of $1,598.66 and a minimum of $35 per week, depending on the number of weeks awarded.

The employer and/or its insurance carrier has the right to choose the authorized treating doctor. The worker may choose a doctor only in an emergency (and should notify the employer as soon as possible) or if the employer improperly refuses or neglects to provide treatment. A worker who is not getting needed treatment can file a Motion for Medical and/or Temporary Disability Benefits, which is scheduled before a judge within 30 days of filing.

Permanent partial disability is based on a percentage of a 'scheduled' loss (arms, hands, fingers, legs, feet, toes, eyes, ears or teeth, each assigned a number of weeks, for example 330 weeks for an arm and 315 for a leg) or a 'non-scheduled' loss (such as the back, heart or lungs), which is rated as a percentage of 600 weeks. These benefits are paid weekly after temporary disability ends. Permanent total disability pays 70% of wages (within the same max/min as temporary disability) for an initial 450 weeks and can continue after that if the worker shows he or she is still unable to earn wages. Losing two major members (such as both eyes, arms or legs) is presumed to be total disability. The Second Injury Fund may pay when total disability results from a work injury combined with a pre-existing condition.

Dependents of a worker who dies from a work injury or illness may receive weekly benefits of 70% of the worker's wages, up to the annual maximum, for 450 weeks plus additional statutory spouse benefits; a judge decides how the benefit is divided among dependents. A spouse and natural children living in the household are presumed dependent; others must prove dependency. Children remain dependents until 18, or 23 if full-time students, and longer if disabled. A surviving spouse who remarries receives the lesser of the remaining compensation or 100 times the weekly benefit. Burial and funeral costs are paid up to $5,000.

Report the injury to the employer; the employer's insurance carrier files a First Report of Injury electronically with the state and decides whether to accept the claim. If there is a dispute, the worker may file either an Application for an Informal Hearing (non-binding, no lawyer required) or a formal Claim Petition with the Division of Workers' Compensation. Cases are assigned to a judge and district office based on the worker's county of residence. Workers may file a claim petition without a lawyer; attorney fees are set by the judge only if benefits are awarded and generally cannot exceed 20% of the award. Workers of uninsured employers may obtain temporary and medical benefits from the Uninsured Employers Fund after filing a formal claim petition.

A formal claim petition is decided by a Judge of Compensation after pretrial proceedings and, if needed, a trial. The judge's ruling is binding and may be appealed only to the Appellate Division of the Superior Court, under the court rules.

It is unlawful for an employer to fire or otherwise discriminate against an employee for claiming or attempting to claim workers' compensation benefits, or for testifying or being about to testify in a workers' compensation proceeding. A violating employer can be fined $100 to $1,000 and/or jailed up to 60 days, and the employee must be restored to the job with lost wages, provided the employee is still able to perform the job. The worker can choose to file a discrimination complaint with the Division (investigated by the Office of Special Compensation Funds) or a lawsuit in the Superior Court.

Temporary disability benefits are paid during the period of disability, but not beyond 400 weeks; the Division of Workers' Compensation explains that they usually end when the worker is released to return to work or reaches maximum medical improvement. Permanent total disability benefits are paid for 450 weeks. After 450 weeks, payments continue only if the worker has completed any rehabilitation ordered and shows that, because of the disability, he or she cannot earn wages equal to those earned at the time of the accident; any continued payments are reduced by the portion of former wages the worker can now earn and are subject to periodic review.

Most formal claim petitions are resolved by agreement. When a claim petition has been filed, the worker has a New Jersey attorney, and the case involves a dispute over jurisdiction, liability, causal relationship or dependency, the parties may agree to a lump-sum settlement (often called a Section 20 settlement). A judge of compensation may approve it, with the parties' consent, after hearing the worker's testimony and finding the settlement fair and just under all the circumstances. An approved Section 20 settlement acts as a dismissal of the claim, is final and binding on the worker and dependents, and gives up any further right to compensation or other benefits arising from the claim. Separately, an agreement between a worker and employer or insurer does not bar a formal decision on a claim unless it is approved in open court; when the only issue is the extent of disability, the parties may consent to an approved determination of the worker's present disability.

An injured worker in New Jersey can file a formal Claim Petition (Form WC-365) or an Application for an Informal Hearing (Form WC(CF)-66) with the Division of Workers' Compensation; urgent medical or temporary-benefit needs can be raised by a Motion for Medical and/or Temporary Benefits (Form WC-101_i), with a first hearing within 30 days. Cases are assigned to a judge and district office by your county of residence (or the employer's county if you live out of state). A formal claim petition must be filed within two years of the injury or the last compensation payment, whichever is later; an informal hearing application does not stop that clock.

Claimants' attorneys in New Jersey workers' compensation cases may not charge fees in advance; fees are set by a judge of compensation only if benefits are awarded. Under R.S. 34:15-64 as amended by P.L. 2024, c. 55 (approved August 22, 2024, applying to claims pending on or after that date), the reasonable attorney fee may not exceed 25 percent of the judgment, and all claimants' counsel fees must be approved by the judge of compensation before payment. Fees may be paid by the injured worker and/or the employer or insurance carrier.

Generally no. Coming under the workers' compensation article is a surrender by employer and employee of any other method, form or amount of compensation, binding the employee and the employee's family. If an injury or death is compensable, no person in the same employ (including the employer) is liable at common law or otherwise, except for an 'intentional wrong.'

Yes. A right to workers' compensation does not bar a suit against a liable third person. If the worker recovers from the third party, the employer or insurer is reimbursed for medical expenses and compensation paid (less the worker's suit expenses up to $750 and an attorney fee up to 33 1/3% of the reimbursed amount), and if the recovery equals or exceeds the compensation liability the employer is released; the third party, once notified of the compensation claim, must ask the employer what has been paid before paying the worker. If the worker does not settle or sue within 1 year of the accident, the employer or insurer may do so 10 days after written demand on the worker, paying any excess recovery to the worker.

An employer that fails to carry required coverage commits a disorderly persons offense (a fourth-degree crime if knowing) and is subject to a stop-work order; active corporate officers are liable for the failure, and a contractor is liable for compensation owed to employees of an uninsured subcontractor. The worker files a claim petition in the Division of Workers' Compensation; if the uninsured employer does not pay the award within 45 days and does not post security after demand, the award (reasonable medical expenses and temporary disability) is payable from the state's Uninsured Employer's Fund, unless an appeal is pending. Fund payments do not include amounts outside the award, extra compensation or death benefits.

A disputed claim is started by filing a verified claim petition with the Division of Workers' Compensation within two years after the accident (or two years after the last compensation payment, or after the employer fails to pay under an agreement). A judge of compensation decides the claim. Any party may appeal the judge's judgment to the Appellate Division of the Superior Court, under the court rules.