Appealing a Denied Workers' Comp Claim in New Jersey
The deadline to challenge a denied workers' comp claim in New Jersey, where to file, and the steps from hearing to appeal.
Short answer: 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). N.J.S.A. 34:15-51, 34:15-66
| Deadline to challenge a denial | 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. Appeal: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/29592/31329?f=templates$fn=document-frame.htm$3.0 . Source: N.J.S.A. 34:15-51, 34:15-66 |
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| Appealing a denial | 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. |
| Deadline to file a claim | 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. Statute text: https://www.nj.gov/labor/workerscompensation/assets/PDFs/Forms/wc_law.pdf |
Where to get help in New Jersey
More New Jersey workers' compensation
- Filing a Workers' Comp Claim in New Jersey
- How Much Workers' Comp Pays in New Jersey
- Workers' Comp Settlements in New Jersey
- Retaliation for Filing Workers' Comp in New Jersey
- Suing Over a Work Injury in New Jersey
- All New Jersey workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in New Jersey?
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.
How do you appeal a denied workers' comp claim in New Jersey?
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.
What is the deadline to file a workers' comp claim in New Jersey?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.