Filing a Workers' Comp Claim in New Jersey

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.

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.

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.