The New Jersey workers compensation act — formally the New Jersey Workers’ Compensation Law (the statute still uses its original name, “Workmen’s Compensation”; N.J.S.A. Title 34, Chapter 15), found at N.J.S.A. 34:15-1 et seq. (New Jersey Statutes Title 34, Chapter 15) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the New Jersey workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
New Jersey at a Glance
| Official name | Workers’ Compensation Law (the statute still uses its original name, “Workmen’s Compensation”; N.J.S.A. Title 34, Chapter 15) |
| Where it lives | N.J.S.A. 34:15-1 et seq. (New Jersey Statutes Title 34, Chapter 15) |
| First enacted | 1911 |
| Reporting deadline | N.J.S.A. 34:15-17 — notify the employer within 14 days. A notice defect doesn’t bar a claim if notice or the employer’s actual knowledge comes within 30 days, unless the employer shows prejudice. No compensation is allowed if the employer gets neither notice nor knowledge within 90 days of the accident. |
| Filing deadline | N.J.S.A. 34:15-51 — file the claim petition with the Division within 2 years of the accident, or within 2 years of the last compensation payment, whichever is later. |
| Exclusive remedy | N.J.S.A. 34:15-8 — workers’ comp is the exclusive remedy against the employer and co-workers. Main exception: an “intentional wrong,” judged by the “substantial certainty” test. Suits against negligent third parties are preserved under N.J.S.A. 34:15-40. |
In This New Jersey Guide:
What the New Jersey Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The New Jersey workers compensation act dates to 1911. It lives at N.J.S.A. 34:15-1 et seq. (New Jersey Statutes Title 34, Chapter 15), and the official text is linked in the sources. Under N.J.S.A.
34:15-15 the employer, not the worker, generally chooses the treating doctor. The Thomas P. Canzanella Twenty First Century First Responders Protection Act (P.L.2019, c.156) creates rebuttable presumptions that certain illnesses of public-safety workers are work-related. The state runs a Second Injury Fund (N.J.S.A. 34:15-95) and an Uninsured Employers Fund (N.J.S.A. 34:15-120.1). Many claimants should confirm their details with the Division and a licensed attorney.
Who the New Jersey Workers Compensation Act Covers
N.J.S.A. 34:15-71 and 34:15-72 — every private employer subject to the law must insure or get approval to self-insure. There is no minimum number of employees, so this covers employers with even 1 employee. N.J.S.A. 34:15-71/34:15-72 — the State, counties, municipalities and school districts are not required to buy insurance. N.J.S.A. 34:15-36 leaves casual employment out of the definition of “employee.”
Deadlines in the New Jersey Workers Compensation Act
Waiting period: N.J.S.A. 34:15-14 — 7 days. If the disability lasts beyond 7 days, the waiting period is paid too.. Wage-loss rate: N.J.S.A. 34:15-12(a) — 70% of the worker’s weekly wages, within the yearly maximum and minimum. The maximum is set each year at 75% of the statewide average weekly wage and published at N.J.A.C. 12:235-1.6..
New Jersey Workers Compensation Act: Key Sections at a Glance
The sections of the New Jersey workers compensation act that decide most cases, each with its citation:
| Coverage mandate | N.J.S.A. 34:15-71 and 34:15-72 — every private employer subject to the law must insure or get approval to self-insure. There is no minimum number of employees, so this covers employers with even 1 employee. |
| Exemptions | N.J.S.A. 34:15-71/34:15-72 — the State, counties, municipalities and school districts are not required to buy insurance. N.J.S.A. 34:15-36 leaves casual employment out of the definition of “employee.” |
| Report an injury | N.J.S.A. 34:15-17 — notify the employer within 14 days. A notice defect doesn’t bar a claim if notice or the employer’s actual knowledge comes within 30 days, unless the employer shows prejudice. No compensation is allowed if the employer gets neither notice nor knowledge within 90 days of the accident. |
| File a claim | N.J.S.A. 34:15-51 — file the claim petition with the Division within 2 years of the accident, or within 2 years of the last compensation payment, whichever is later. |
| Waiting period | N.J.S.A. 34:15-14 — 7 days. If the disability lasts beyond 7 days, the waiting period is paid too. |
| Wage-loss rate | N.J.S.A. 34:15-12(a) — 70% of the worker’s weekly wages, within the yearly maximum and minimum. The maximum is set each year at 75% of the statewide average weekly wage and published at N.J.A.C. 12:235-1.6. |
| Exclusive remedy | N.J.S.A. 34:15-8 — workers’ comp is the exclusive remedy against the employer and co-workers. Main exception: an “intentional wrong,” judged by the “substantial certainty” test. Suits against negligent third parties are preserved under N.J.S.A. 34:15-40. |
| Retaliation | N.J.S.A. 34:15-39.1 — bars firing or discriminating against a worker for claiming, or trying to claim, benefits or for testifying. A violation is a disorderly persons offense; the employer can be required to restore the worker’s job and pay lost wages. Courts also recognize a civil retaliation claim (Model Civil Jury Charge 2.41). |
| Uninsured employer penalty | N.J.S.A. 34:15-79 — failing to insure is a disorderly persons offense, and a knowing failure is a fourth-degree crime. The Director may also impose a penalty of up to 5000 for an initial lapse of 10 or more consecutive days, plus up to 5000 for each further 10-day period. Penalties go to the Uninsured Employers Fund. |
| Who hears disputes | N.J.S.A. 34:15-49 — disputed claims are heard by Judges of Compensation in the Division of Workers’ Compensation (NJ Department of Labor and Workforce Development). Appeals go to the Superior Court, Appellate Division. |
The Exclusive-Remedy Bargain in the New Jersey Workers Compensation Act
N.J.S.A. 34:15-8 — workers’ comp is the exclusive remedy against the employer and co-workers. Main exception: an “intentional wrong,” judged by the “substantial certainty” test. Suits against negligent third parties are preserved under N.J.S.A. 34:15-40.
Retaliation and Penalties Under the New Jersey Workers Compensation Act
N.J.S.A. 34:15-39.1 — bars firing or discriminating against a worker for claiming, or trying to claim, benefits or for testifying. A violation is a disorderly persons offense; the employer can be required to restore the worker’s job and pay lost wages. Courts also recognize a civil retaliation claim (Model Civil Jury Charge 2.41). N.J.S.A.
34:15-79 — failing to insure is a disorderly persons offense, and a knowing failure is a fourth-degree crime. The Director may also impose a penalty of up to 5000 for an initial lapse of 10 or more consecutive days, plus up to 5000 for each further 10-day period. Penalties go to the Uninsured Employers Fund. N.J.S.A.
34:15-49 — disputed claims are heard by Judges of Compensation in the Division of Workers’ Compensation (NJ Department of Labor and Workforce Development). Appeals go to the Superior Court, Appellate Division.
Recent Amendments to the New Jersey Workers Compensation Act
No amendment to the New Jersey workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
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How to Read the New Jersey Workers Compensation Act
Statute pages are written for lawyers, so read the New Jersey workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the New Jersey workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the New Jersey claim guide turns these sections into steps and dates, and the New Jersey requirements guide covers the employer side.
Frequently Asked Questions
Where is the New Jersey workers compensation act in the code?
N.J.S.A. 34:15-1 et seq. (New Jersey Statutes Title 34, Chapter 15). The sources below link to the official text.
How long do I have to report a work injury under the New Jersey act?
N.J.S.A. 34:15-17 — notify the employer within 14 days. A notice defect doesn’t bar a claim if notice or the employer’s actual knowledge comes within 30 days, unless the employer shows prejudice. No compensation is allowed if the employer gets neither notice nor knowledge within 90 days of the accident.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the New Jersey workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official New Jersey Sources & Resources
- New Jersey New Jersey Department of Labor and Workforce Development, Division of Workers’ Compensation: https://www.nj.gov/labor/workerscompensation/
- New Jersey Workers’ Comp Statute: https://www.nj.gov/labor/workerscompensation/assets/PDFs/Forms/wc_law.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This New Jersey workers compensation act guide was last verified against official New Jersey sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.