How do I file a workers' compensation claim in New Jersey?

New Jersey workers' comp is governed by N.J.S.A. 34:15-1 et seq., administered by the Division of Workers' Compensation in the Department of Labor and Workforce Development.

1. Coverage

Required for all employers (private and public) with 1+ employee not covered by federal programs (N.J.S.A. 34:15-71). Limited exceptions for domestic workers and certain agricultural workers. Corporate officers are included unless they opt out.

2. Notice to Employer

Notice within 14 days for full benefits; up to 90 days preserves the claim (N.J.S.A. 34:15-17). Beyond 90 days, the claim is barred.

3. Claim Filing

File a Claim Petition with the Division of Workers' Compensation within 2 years of injury or last benefit paid (N.J.S.A. 34:15-51). The case is assigned to a Judge of Compensation.

4. Benefits

Medical fully covered. Temporary Total Disability pays 70% of average weekly wage subject to a state max (about $1,131/week for 2026), minimum 20% of state average. Permanent Partial Disability based on percentage of disability against a 600-week scale (N.J.S.A. 34:15-12(c)). Permanent Total Disability for life. Dependency death benefits under § 34:15-13 plus $5,000 funeral.

5. Independent Medical Exam (IME)

Carrier may require IMEs under § 34:15-19. Refusal suspends benefits.

6. Choice of Doctor

Employer/carrier directs medical care in New Jersey (N.J.S.A. 34:15-15). Employee who self-treats generally bears the cost unless emergency or carrier refusal.

7. Denied Claim / Appeal

Judge of Compensation conducts trial. Appeal to the Appellate Division of Superior Court within 45 days, then to the NJ Supreme Court by petition.

8. Third-Party Suit

Section 34:15-40 preserves third-party rights. Carrier has a statutory lien for 2/3 of net recovery after attorney's fees, capped at the amount of WC benefits paid.

This is legal information, not legal advice.