If you were hurt at work in New Jersey, you’re likely dealing with pain, missed paychecks, and a lot of questions. Workers’ compensation exists to cover your medical care and part of your lost wages—without having to prove your employer did anything wrong. At the Law Offices of Gregg A. Williams, we guide injured workers through every step, from the first report to benefits, appeals, and (when appropriate) third-party claims.
What Is Workers’ Compensation in New Jersey?
Workers’ compensation is a no-fault insurance system that most NJ employers must carry. If you’re injured in the course of employment—or develop a work-related illness— the employer’s insurance generally pays for:
- All reasonable, necessary medical treatment related to the work injury
- Temporary wage replacement while you’re out and healing
- Compensation for permanent impairments(if any)
- Dependency benefits if a worker passes away due to a job-related injury/illness
Unlike a personal injury lawsuit, you usually don’t need to prove negligence. In exchange, you typically can’t sue your employer for pain and suffering. But you can pursue a separate lawsuit against a negligent third party (e.g., a subcontractor or equipment manufacturer) while also receiving workers’ comp.
Why This Matters: What’s at Stake
- Your health: Getting into authorized care fast prevents complications and paper trails that insurers can misuse.
- Your paycheck: Temporary disability benefits replace a portion of wages (subject to state-set minimums/maximums).
- Your long-term recovery: If you’re left with permanent limitations, you may be entitled to permanent partial or permanent total disability benefits.
- Your legal options: Missing deadlines or using unauthorized doctors can delay care, shift bills to you, or shrink your eventual award.
The NJ Workers’ Comp Process: A Clear, Step-by-Step Guide
1) Report Your Injury Immediately (Don’t Wait)
Tell a supervisor as soon as it happens(or as soon as you realize a condition is work-related). New Jersey law allows up to 90 days to notify the employer, but sooner is better. Give written notice when you can—email works—and keep a copy.
Tip: If it’s an occupational disease (like carpal tunnel or chemical exposure), report it as soon as a doctor connects it to your job.
2) Ask for Authorized Medical Treatment
In NJ, the employer/insurer chooses the treating doctor(except in emergencies). Go where you’re directed; unauthorized treatment can be denied. If it’s an emergency, get care first, then notify your employer.
Keep records of every visit, prescription, and work status note.
3) Open the Claim With the Insurer
After you report the injury, your employer should notify its insurer and the NJ Division of Workers’ Compensation. You’ll receive claim information (adjuster’s name, claim number). If you don’t hear quickly, follow up—and call us. We’ll push the process forward.
4) Temporary Disability (Wage) Benefits
If the authorized doctor keeps you out of work(or on restricted duty your employer can’t accommodate), you should receive temporary disability payments —typically a percentage of your average weekly wage, up to a state-set maximum. These benefits continue while you’re under active treatment and unable to work, ending when you return to work or reach maximum medical improvement (MMI).
5) Stay in Authorized Care & Follow Restrictions
Attend all appointments, follow restrictions/light duty, and save paperwork. If the insurer schedules an IME(independent medical exam), go—and call us first so you know what to expect.
6) Evaluate Permanent Disability
When treatment ends, if you’re left with a lasting impairment, the law may provide permanent partial(or permanent total) benefits. This is where many claims are undervalued. We gather medical proof and negotiate—or litigate—for a fair award.
7) File a Formal Claim Petition if Needed
If benefits are delayed/denied, treatment is cut off, or a fair settlement can’t be reached, we file a Claim Petition with the NJ Division of Workers’ Compensation. The general deadline is two years from the accident or from the last payment of benefits —whichever is later. We may also seek an Informal Hearing to resolve issues faster.
8) Consider a Third-Party Lawsuit
If someone other than your employer caused your injury (e.g., a negligent subcontractor, unsafe property owner, defective machine), you may pursue a separate personal injury claim for damages not available in workers’ comp (like full lost wages and pain and suffering). We evaluate this in every qualifying case.
Common Examples & How They Play Out
- Construction fall from scaffolding: Comp covers treatment and wage loss. If a subcontractor ignored safety rules or the scaffold was defective, we also pursue a third-party claim.
- Warehouse lifting injury (herniated disc): Employer sends you to an authorized orthopedic. If restrictions can’t be accommodated, temporary disability should be paid until MMI. We then assess permanent partial benefits.
- Repetitive strain (carpal tunnel): Often denied at first as “not work-related.” We gather medical opinions and job descriptions, then file to secure treatment and wage benefits.
- Delivery driver crash: Comp covers medical and wage loss because you were in the course of employment. We may also sue the at-fault driver for broader damages.
- Chemical exposure: Requires specialized care and documentation; we push for appropriate specialists and testing, then permanent benefits if there’s lasting impairment.
Problems Injured Workers Frequently Face
- Delayed care or doctor choice disputes: Insurer drags its feet or insists you see a doctor with minimal treatment plans.
- Cutoff of benefits at MMI—even when you’re not better: We challenge premature MMI decisions and seek authorized care or benefits reinstatement.
- Denials (“not work-related,” “pre-existing,” or “late report”): We assemble medical proof, witness statements, incident records, and file for hearings.
- Pushback on light duty or return-to-work: If light duty isn’t available, wage benefits should continue; we enforce this.
- IMEs and surveillance: Insurers hire doctors and investigators to minimize claims; we prepare you and respond with credible medical evidence.
- Undervalued permanent disability offers: We obtain objective ratings, present your functional limitations, and negotiate aggressively—or try the case.
- Confusing settlement options: We explain the pros/cons of a lump sum “full and final” resolution vs. an award that can keep medicals open (when available).
Key Documents & Proof to Save
- Incident report(or your written notice email)
- Names of witnesses and any photos/video of the scene
- All medical records from authorized providers
- Work status notes(out of work, light duty restrictions)
- Pay stubs(to confirm wage rate)
- Mileage/expense log for medical visits (if applicable)
- Any letters from the insurer(denials, IME notices, forms)
Good documentation shortens disputes and supports maximum benefits.
How Our Firm Helps—and Why It’s Critical
- Fast claim setup & medical access: We press insurers to authorize the right specialists and challenge delays.
- Paperwork & deadlines: We complete and file everything correctly, on time—even when you’re overwhelmed.
- Hearing strategy: If benefits are denied or cut off, we file a Claim Petition and request Informal or Formal Hearings to get orders for treatment/wages.
- Valuing permanent disability: We coordinate expert exams to document impairment—because this is where many workers leave money on the table.
- Coordinating third-party claims: If someone else caused your injury, we run both tracks (comp + injury lawsuit) to maximize recovery.
- Clear communication (English/Spanish): You’ll know what’s happening, why it matters, and what comes next.
- No upfront fees: In NJ, workers’ comp attorney fees are court-approved and typically paid from the award—so you can get help now.
Quick FAQ
Can I see my own doctor?
Not for comp-paid care unless it’s an emergency or authorized. We push for appropriate specialists within the authorized network.
How much are temporary disability benefits?
A percentage of your average weekly wage, subject to annual state minimums/maximums. We verify the calculation.
What if I’m offered light duty?
If it fits your doctor’s restrictions, you generally must try it. If the employer can’t
accommodate, wage benefits should continue.
What if my claim is denied?
Call us. We’ll collect evidence, file for hearings, and seek orders compelling treatment and benefits.
Do I have a lawsuit too?
Possibly—if a third party caused your injury. We evaluate this in every case.
Call to Action: Get Answers Before Small Problems Become Big Ones
You don’t need to navigate NJ workers’ comp alone. The earlier we get involved, the faster we can secure treatment, protect wage benefits, and position your case for a strong permanent award—while exploring any third-party claim for full compensation.
Free consultation. No upfront fees.
Law Offices of Gregg A. Williams – East Brunswick & Woodbridge
Serving Middlesex County and Central/North Jersey, including East Brunswick, New Brunswick, North Brunswick, Old Bridge, Edison, Woodbridge Township, Rahway, and Perth Amboy.
This article is general information, not legal advice. Contact us to discuss your specific situation.
