Filing a New Jersey workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the New Jersey process in plain English, with the exact deadlines you cannot miss. All figures are from New Jersey sources, verified as of June 2026.
New Jersey at a Glance
| Report to employer | 90 days (an injured worker must notify the employer within 90 days of the accident/injury under N.J.S.A. 34:15-17; notice should be given as soon as possible — verbal notice is acceptable) |
| Deadline to file | 2 years (a formal Claim Petition must be filed within 2 years of the date of injury OR the date of the last payment of compensation, whichever is later, under N.J.S.A. 34:15-51) |
| Where to file | New Jersey Division of Workers’ Compensation (part of the NJ Department of Labor and Workforce Development). File a formal Employee Claim Petition (Form WC-365) or an Application for an Informal Hearing — electronically through the Division’s online services or on paper |
| Choose your doctor? | The employer and/or its insurance carrier has the right to designate the authorized treating physician for work-related injuries. The injured worker generally may NOT pick their own doctor at the employer’s expense, except where the employer improperly refuses to provide treatment or in a genuine emergency |
| Benefits start | Temporary total disability (wage) benefits begin after the worker is unable to work for more than 7 days (the 7 days need not be consecutive, and include weekends/holidays). Once that threshold is met, benefits are paid retroactively to the first day of disability. Rate is 70% of average weekly wage, capped at 75% of the Statewide Average Weekly Wage and not below 20% of the SAWW. There is no waiting period for medical or permanent disability benefits |
In This New Jersey Guide:
Filing a Workers’ Comp Claim in New Jersey
Filing a New Jersey workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the New Jersey process in plain English, with the exact deadlines you cannot miss. All figures are from New Jersey sources, verified as of June 2026.
How to File a Workers’ Comp Claim in New Jersey
First steps: 1) Report the injury to your employer/supervisor as soon as possible (verbal notice counts; written is best); 2) Get medical treatment — in an emergency go to the nearest ER; 3) Tell the treating provider the injury is work-related; 4) Keep records of the injury, witnesses, dates, and missed work; 5) Confirm the employer reports it to its workers’ comp carrier; 6) If treatment/benefits are refused,
file a Claim Petition or Application for Informal Hearing with the Division
1) Worker reports injury (within 90 days); 2) Employer/carrier reports to the NJ Compensation Rating & Inspection Bureau and either provides or denies benefits; 3) If disputed/denied, worker files a formal Claim Petition (WC-365) or an Application for Informal Hearing with the Division within the 2-year limit; 4) Case assigned to a district office (by worker’s county of residence, or employer’s county if worker is out of state);
5) First hearing before a Judge of Compensation typically within ~6 months of filing; 6) Pretrial/settlement discussions — most cases settle by agreement on disability and benefits; 7) If unresolved, trial with testimony and medical evidence; 8) Judge renders a binding decision/award
Choosing a Doctor in New Jersey
The employer and/or its insurance carrier has the right to designate the authorized treating physician for work-related injuries. The injured worker generally may NOT pick their own doctor at the employer’s expense, except where the employer improperly refuses to provide treatment or in a genuine emergency
What to Do If Your New Jersey Claim Is Denied
If the claim is denied or disputed, file with the NJ Division of Workers’ Compensation — either a formal Claim Petition (WC-365) heard by a Judge of Compensation, or an Application for an Informal Hearing (faster, non-binding guidance, usually resolved in 1-2 hearings). At a formal hearing the judge issues a binding decision.
A judge’s decision can then be appealed to the Appellate Division of the Superior Court of New Jersey
Appeal deadline: 45 days (an appeal of a Judge of Compensation’s decision to the Appellate Division of the Superior Court must be filed within 45 days of the date the decision is mailed)
Was your claim denied? A denial is not the end of the road in New Jersey — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in New Jersey
Once your claim is filed in New Jersey, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a New Jersey Claim
The two most common ways injured workers in New Jersey lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice.
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If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
Other New Jersey claim rules: New Jersey offers two distinct dispute tracks — a formal Claim Petition (binding, before a Judge of Compensation) and a non-binding Application for Informal Hearing. There is no jury; all cases are decided by Judges of Compensation. Attorneys cannot charge fees in advance — fees are awarded only by the judge and only if an award is made, generally capped at 20% of the award.
The 90-day notice rule is separate from the 2-year filing statute; late reporting can trigger disputes over whether the injury was truly work-related even when filing is timely
Filing Your New Jersey Workers Comp Claim the Right Way
A New Jersey workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the New Jersey workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your New Jersey workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in New Jersey?
In New Jersey, you generally must tell your employer within 90 days (an injured worker must notify the employer within 90 days of the accident/injury under N.J.S.A. 34:15-17; notice should be given as soon as possible — verbal notice is acceptable) of the injury. Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in New Jersey?
The New Jersey statute of limitations to file is 2 years (a formal Claim Petition must be filed within 2 years of the date of injury OR the date of the last payment of compensation, whichever is later, under N.J.S.A. 34:15-51). Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my New Jersey workers’ comp claim is denied?
If the claim is denied or disputed, file with the NJ Division of Workers’ Compensation — either a formal Claim Petition (WC-365) heard by a Judge of Compensation, or an Application for an Informal Hearing (faster, non-binding guidance, usually resolved in 1-2 hearings). At a formal hearing the judge issues a binding decision.
A judge’s decision can then be appealed to the Appellate Division of the Superior Court of New Jersey
Official New Jersey Sources & Resources
- New Jersey New Jersey Division of Workers’ Compensation (NJ Department of Labor and Workforce Development): 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 comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board or a licensed attorney.
More New Jersey Workers’ Comp Guides
- New Jersey Workers’ Comp Settlements
- New Jersey Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
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.