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New Jersey Workers' Compensation Laws

No matter which exit you live off of, you know that it does not get any better than summers at the Shore. But if you were injured at work, your bills may make it tough to afford time off. Fortunately, New Jersey workers' compensation laws require your employer to carry insurance to protect you from the financial hardships of workplace injuries, as well as Temporary Disability Insurance programs for injuries that occur outside of work.

Key aspects of New Jersey Workers' Comp Laws are summarized in the table and explanations below.

Statute Section

34 § 15-1, et seq.

Time Limits

  • Notice to employer: 14 days in most cases, up to 90 days (34 § 15-17)
  • 2 years to file a claim (34 § 15-51)

Notice Requirements

Benefit Time Limits

34 § 15-16

  • Waiting period: 7 days
  • Benefits retroactive to first day

Mental Injury Coverage

  • Limited

Temporary Disability Insurance

Coverage

Whether or not you call the Garden State home, New Jersey employees are usually covered by workers' compensation insurance, as required by law. There are exceptions to the requirement with regards to the types of employees which must be covered, including volunteers for nonprofits, farm workers, and most domestic workers.

Most physical injuries which occur within the scope of employment are compensable. But while occupational illnesses, such as asbestosis and hearing loss, are covered, you must file a claim within two years from the date you discover it is work-related. Coverage for mental injuries is especially limited in New Jersey. In 1991, the court set out an objective five element test for establishing that a mental injury is compensable under workers' comp.

Benefits

Wage replacement, medical treatment, and vocational rehabilitation may all be available to you if you are entitled to workers' comp benefits in New Jersey. The amount of wage replacement compensation you may receive depends upon the extent and duration of your disability, but New Jersey is generous relative to most states and your compensation is based on 70 percent of your weekly wage, subject to a state-imposed maximum.

Dispute Resolution

If your claim is denied, for instance, because your employer doesn’t believe your injury is work-related, you may either file a formal claim petition or an application for an informal hearing with the Division of Workers' Compensation. New Jersey law protects you and any testifying employees from any retaliation from your employer.

While you are waiting for a determination on your claim, you may be eligible to receive benefits from a Temporary Disability Insurance program. If you are a resident of New Jersey, these programs pay wage replacement compensation equal to two-thirds of your average weekly compensation, subject to state-imposed maximum amounts. The purpose of this program is to provide benefits for New Jersey residents injured outside of the workplace or unable to work due to pregnancy.

Obtain a Free Claim Review from a New Jersey Attorney

Accidents at work happen, and workers' compensation insurance exists to save both you and your employer the time and expense of a traditional trial. But the no-fault system can be tough to navigate. Sometimes workers incorrectly believe that they cannot claim benefits if they accidentally caused their own injuries. Whether or not the accident occurred at work, if your disability due to an injury is keeping you from working and you need skilled legal assistance, get a free claim review from an attorney.

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