How to File a Workers’ Compensation Claim in New Jersey
You got hurt at work. Maybe you slipped on a wet floor, injured your back lifting heavy equipment, or developed carpal tunnel from years of repetitive tasks. Now you’re dealing with medical bills, missed paychecks, and uncertainty about your future. Here’s the good news: New Jersey law protects you.
Filing a workers’ compensation claim in NJ is based on a no-fault system. That means you don’t have to prove your employer did anything wrong—you just need to show that your injury happened at work or because of your job. According to the NJ Department of Labor and Workforce Development, more than 35,000 new workers’ compensation claims are filed in New Jersey each year.
This guide walks you through exactly how to file a workers’ compensation claim in New Jersey—step by step—so you can focus on what matters most: getting better.
What Benefits Can You Get Through Workers’ Comp in NJ?
Before we dive into the process, let’s talk about what you’re entitled to. New Jersey workers’ compensation provides several types of benefits:
Medical Benefits
Your employer’s insurance pays 100% of all reasonable and necessary medical treatment related to your work injury. This includes doctor visits, surgeries, physical therapy, medications, and medical equipment. There’s no deductible or co-pay. However, your employer or their insurance company has the right to choose which doctor treats you.
Temporary Disability Benefits
If your injury keeps you from working for more than seven days, you’re entitled to temporary disability benefits. In 2025, these benefits are calculated at 70% of your gross weekly wage, with a maximum of $1,159 per week and a minimum of $309 per week.
Permanent Disability Benefits
If your injury results in permanent impairment—even partial—you may be entitled to additional compensation based on the severity of your injury and which body part was affected.
2025 NJ Workers’ Compensation Benefit Rates
Benefit Type | Weekly Amount |
Temporary Total Disability (TTD) | 70% of wages (max $1,159/week) |
Minimum Weekly Benefit | $309/week |
Maximum Weekly Benefit | $1,159/week |
Waiting Period | 7 days (retroactive if out 7+ days) |
Step-by-Step: How to File Your Workers’ Comp Claim
Step 1: Report Your Injury to Your Employer
This is the most important step. You must notify your employer about your injury within 90 days—but don’t wait. Report it immediately, ideally in writing. Include the date, time, location, and how the injury happened. Keep a copy for your records.
Step 2: Get Medical Treatment
Seek medical attention right away. In New Jersey, your employer or their insurance carrier has the right to direct your medical care—meaning they can tell you which doctor to see. Make sure to tell your doctor that your injury is work-related and follow all treatment recommendations.
Step 3: Your Employer Files a Report
Once you report your injury, your employer is required to notify their workers’ compensation insurance carrier. The carrier will then begin processing your claim.
Step 4: File a Claim Petition (If Necessary)
If your claim is denied or disputed, you can file a formal Claim Petition with the New Jersey Division of Workers’ Compensation. This is where having an experienced New Jersey workers’ compensation lawyer makes a real difference.
What If My Workers’ Comp Claim Is Denied?
Don’t panic—and don’t give up. Insurance companies deny claims for many reasons, some legitimate and some not. Common reasons include disputes about whether the injury is work-related, claims that a pre-existing condition caused your symptoms, or missed deadlines.
If your claim is denied, you have the right to appeal. The New Jersey Division of Workers’ Compensation will schedule a hearing where a judge will review your case.
Can I Sue My Employer for a Workplace Injury?
Generally, no. Workers’ compensation is an “exclusive remedy,” meaning you give up the right to sue your employer in exchange for guaranteed benefits.
However, if a third party contributed to your injury, you may be able to file a personal injury lawsuit against them. For example, if defective equipment caused your injury, you might have a product liability claim against the manufacturer.
Do I Need a Lawyer for a Workers’ Comp Claim?
You’re not required to have a lawyer, but having one significantly increases your chances of success. At Weiner Mazzei LLC, we handle workers’ comp cases on contingency. We’ve helped injured workers throughout Passaic County and Essex County get the benefits they deserve.
Injured at work? We’re here to fight for you.
At Weiner Mazzei LLC, we’ve helped New Jersey workers get the compensation they deserve. We work on a contingency basis—you don’t pay unless we win.
Call (973) 471-2300 today for your free consultation. Hablamos español.