If you have been injured on the job, filing a Workers' Compensation claim may be the most important step you take to protect your health, income, and future. But without proper guidance, even small mistakes can jeopardize your right to benefits. Here is what you need to know to give your claim the best chance of success.
Report Your Injury Immediately
New Jersey law gives you up to 90 days to notify your employer of a work injury. However, the sooner you report your injury, the stronger your claim. Delays can raise doubts and lead to unnecessary denials. Make sure to notify your employer in writing and keep a copy for your records.
Seek Medical Treatment from an Approved Provider
Unless it’s an emergency, you must see a doctor authorized by your employer’s Workers’ Compensation insurance carrier. Visiting an outside doctor could jeopardize your right to coverage. While the employer’s chosen doctor must follow professional ethical standards, it’s critical to clearly explain how, when, and where your injury occurred.
Also, keep copies of all medical records and bills.
Follow Up on the Status of Your Claim
Your employer or their insurance carrier must file a First Report of Injury with the New Jersey Division of Workers' Compensation within 21 days of your report. It is your right to stay informed -- ask for a copy or check with the Division if you are unsure of the claim's status.
Receive Benefits--or Call an Attorney
Once the claim is reviewed, the insurance company will decide whether to approve or deny it. If approved, you should begin receiving wage replacement and coverage for medical treatment.
If your claim is denied, keep the denial notice and record any appeal deadline.
File a Formal Claim Petition
If your employer refuses to provide benefits, your attorney can file a formal Claim Petition with the Division of Workers’ Compensation. This allows your case to be heard before a Judge of Compensation.
Medical records, benefit notices, and the employer's accident report form the working file for a disputed claim. A denied claim may proceed toward settlement or a hearing, depending on the evidence and the issues in dispute.
Important: You have only two years from the date of injury -- or from the date of your last benefit payment -- to file a Claim Petition. This deadline does not pause if you request an informal hearing first.
The denied and disputed claims guide explains what follows when notice and an initial claim do not produce benefits.