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

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

1. Who Is Covered

All New Jersey employers with employees, regardless of number, must carry workers' comp (N.J.S.A. 34:15-71).

Includes part-time, seasonal, and undocumented workers.

Sole proprietors, partners, and LLC members may opt out.

2. Notice to Employer — 90 Days

Under N.J.S.A. 34:15-17, the employee must give notice within 90 days of the accident.

Notice may be oral or written. Late notice is excusable for good cause.

3. Filing Deadline — 2 Years

File a Claim Petition with the Division of Workers' Compensation within 2 years of the injury (N.J.S.A. 34:15-51).

For occupational disease: 2 years from knowledge of work-relatedness.

Filed in the appropriate Vicinage office (county where the injury occurred).

4. Weekly Benefit Calculation — 70% (Highest in the U.S.)

Temporary Disability (TD): 70% of AWW (N.J.S.A. 34:15-12) — the highest rate in the country.

2024 maximum TD: approximately $1,131/week (75% of SAWW); minimum: 20% of SAWW.

Permanent Partial Disability (PPD): 70% of AWW for the number of weeks per the disability percentage on a 600-week schedule.

Permanent Total Disability (PTD): 70% of AWW for 450 weeks; can be extended for life if the disability persists (§ 34:15-12(b)).

5. Maximum Benefit Period

TD: until MMI; no specific cap.

PTD: 450 weeks initially; extendable for life upon showing.

PPD: scheduled weeks per body part at percentage rates (e.g., arm = 330 weeks at varying percentages).

6. Medical Treatment — Strict Employer Control

The employer/carrier has the exclusive right to choose the treating physician (N.J.S.A. 34:15-15).

Unauthorized treatment is not reimbursable unless an emergency.

Employee may file a motion for medical treatment if care is denied.

7. Choice of Doctor

Very restricted — employer/carrier-controlled.

8. Attorney Fees

Capped at 20% of the award under N.J.S.A. 34:15-64; the carrier pays 60% of the fee, the employee 40% (typical practice). Subject to Judge of Compensation approval.

9. Second Injury Fund

New Jersey's Second Injury Fund provides additional benefits for workers with pre-existing conditions whose subsequent work injury results in total disability (§ 34:15-95).

10. Retaliation

N.J.S.A. 34:15-39.1 prohibits retaliation for claiming workers' comp benefits.

This is legal information, not legal advice.