New Jersey Workers Compensation Claims: Eligibility, Filing and Appeals

Workers' Compensation insurance protects employees who are injured on the job by paying medical fees as well as lost wages if necessary. In 2007 there were 197,006 individual reported workplace accidents in New Jersey covered by Workers' Compensation insurance. New Jersey law states that all employers not covered by Federal programs must either purchase insurance or become self insured. Even companies outside of New Jersey who perform work in the state must abide by state laws.

Filing a Workers Comp Claim

A worker should report any injury or illness to their employer as soon as possible, and no later than 90 days. The employer should then notify their insurance carrier and file a First Report of Injury form with the State of New Jersey. The insurance carrier will then investigate the claim and determine if it is compensable. If an employer fails to take the necessary steps, an employee may hire a lawyer to file a formal claim petition with the New Jersey Division of Workers' Compensation.

Workers Compensation Claim Denials

Valid claims are usually granted, though denials are known to happen. Claims can be denied if the employee or employer fails to follow proper procedure by waiting too long to report an injury. Insufficient proof of a work related injury may also lead to a denial.

Appealing a New Jersey Workers Compensation Denial

A lawyer is recommended during the appeals process. A lawyer may assist a worker in filing an application for an informal hearing with a Workers' Compensation judge in order to avoid a formal trial. If a resolution cannot be reached informally, an employee may then file a formal claim petition for a trial. A hearing will usually be held within six months of filing a petition. The employer, witnesses, and any medical professionals involved in treatment will be asked to testify. The judge's decision at the conclusion of the trial can be appealed with the Appellate Division of the Superior Court of New Jersey.

Covered Work Related Injuries

Most job related injuries and illnesses are covered under Workers' Compensation insurance. Accidental injuries such as bone fractures, burns and cuts are covered. Occupational illnesses such as respiratory conditions are also covered. These illnesses develop over time due to working conditions. Employees are considered “at work” if they are performing a job related task during the course of employment.

Collecting New Jersey Workers Compensation Benefits

In addition to medical benefits, wage loss benefits may also be paid. The amount of these benefits depends on the type of injury and the employee's average pay rate. For Temporary and Total Disability, employees are paid 70% of their average weekly wages. Permanent Partial Disability benefits depend on the type and severity of the injury. All monetary benefits are subject to maximum and minimum rates, which as of 2009 are $773 a week maximum and $206 a week minimum.

Hiring a New Jersey Workers Compensation Lawyer

If a worker is denied benefits entirely or is not getting the full benefits he or she thinks they deserve, a Workers Compensation lawyer should be contacted. Workers are advised against attempting to represent themselves in formal legal proceedings due to the complex nature of Workers' Compensation law. An attorney will know the proper procedure to follow and may be able to negotiate a settlement to secure benefits.

New Jersey Workers Compensation Office Locations

New Jersey Department of Labor
John Fitch Plaza
Post Office Box 110
Trenton, New Jersey 08625
(609) 292-2323

New Jersey Division of Workers Compensation
Post Office Box 381
Trenton, New Jersey 08625-0381
(609) 292-2515

Atlantic City Office
1333 Atlantic Avenue, 3rd floor
Atlantic City, NJ 08401-7084
(609) 441-3160

Trenton Office
Station Plaza 4, P.O. Box 958
Trenton, NJ 08625-0958
(609) 292-2508

Newark Office
124 Halsey Street, 2nd floor
Newark, NJ 07101-0226
(973) 648-2663

Jersey City Office
438 Summit Avenue, 3rd floor
Jersey City, NJ 07306-0603
(201) 217-7205

Hackensack Office
60 State Street
Hackensack, NJ 07601-5427
(201) 996-8930

Camden Office
2 Riverside Drive, 3rd floor
Camden, NJ 08103
(856) 614-2850

Bridgeton Office
40 East Broad Street, Suite 203
Bridgeton, NJ 08302-2880
(856) 453-3930

Mt. Holly Office
555 High Street, Fairground Plaza
Mt. Holly, NJ 08060
(609) 518-1790

New Brunswick Office
506 Jersey Avenue
New Brunswick, NJ 08901-2549
(732) 937-6333

Toms River Office
954 Route 166
Toms River, NJ 08753
(732) 349-9592

Paterson Office
100 Hamilton Plaza, 8th floor
Clark Street
Paterson, NJ 07505
(973) 977-4526

Mt. Arlington Office
100 Valley Road, Bldg. #3, Suite 100
Mt. Arlington, NJ 07856
(973) 770-4480