Search Site
Menu
How To File A Workers Comp Claim In NJ

How To File A Workers Comp Claim In New Jersey

When you are hurt at work, things can feel very uncertain and confusing. Luckily, workers in New Jersey have the right to medical treatment and wages while they are out of work through the workers’ compensation system. This article will discuss what you need to do to begin the workers’ compensation process, including when you need to hire an attorney.

First Steps after Your Work Injury

1.    Seek Medical Treatment

Your health is important, so you should seek medical attention as soon as you can after any work injury. If it is an emergency situation, you do not need to get authorization from your employer to go directly to a hospital or urgent care facility. However, if it is not an emergency, your employer should direct you where to go for treatment. If you choose your own doctor, your medical bills may not be paid.

2.    Notify Your Employer

After seeing a doctor, you should notify your employer of the injury immediately. You must reach out to your supervisor or human resources as soon as you can after you realize you have been injured. Sometimes a worker can lose the right to benefits if they wait too long to notify their employer.

If you can, you should make that notification in writing or by email and keep a copy for yourself. Notification does not have to be in writing, but it could be useful evidence in your case later.

When Will I Get Paid?

If an authorized workers’ compensation doctor recommends you take time off work due to your injury or treatment, then you are entitled to something called Temporary Total Benefits.

Temporary Total Benefits are a portion of your normal paycheck that you are entitled to while you cannot work and are in active medical attention. It is typically around 70% of your weekly wages. You should receive those payments regularly while you are out of work, and most workers receive their payments within a few weeks.

Once your treatment is complete, you may also be entitled to benefits for the permanent changes you experience as a result of your injury. Typically, these benefits are paid as a result of an order from a Judge of Workers’ Compensation. An attorney can assist you gathering evidence of those permanent changes from medical experts and present the evidence to the Court. An attorney may also assist you in negotiating a settlement for you without the need to go to trial.

Once an order is entered by a judge, the insurance carrier has sixty (60) days to process the payment. That payment is not taxable under New Jersey state law.

When Should I Get an Attorney?

A workers’ compensation attorney is an important advocate for you after an injury. An attorney will fight to get you all available benefits and ensure you are treated fairly. You can talk to a workers’ compensation attorney as soon as you know you were injured at work. The attorney does not have to take formal action immediately, and they can advise you of what to expect as far as next steps in your claim.

You should absolutely talk to an attorney if your claim is denied by the employer. Sometimes employers or their insurance company will deny that the injury was caused by working and refuse to pay for rehab or time out of work. If that happens, you should contact an attorney immediately for assistance.

You may also consult with an attorney if you need additional therapy or are not being paid for the time a doctor keeps you out of work. An attorney can file a formal Claim Petition on your behalf with the New Jersey Workers’ Compensation Court, as well as motions for medical or other benefits.

Overall, if you are unsure of how to proceed after your work injury or you are concerned you are not receiving the benefits you deserve, you should consult with an attorney. The Division of Workers’ Compensation recommends you hire an attorney if you are pursuing a formal claim for workers’ compensation. The laws and procedure surrounding this type of law can be confusing. An attorney can guide you and advocate for you to make a difficult situation as straightforward as possible.

Speak to a proven New Jersey attorney now
Call 856.238.5183 or click to schedule your free consultation
  • 5-Star Review

    Posted On Lawyers.com

    "We came to the office upset, concerned and profoundly unsure of what to do. Mr. Hoffman sat with us, explained options, reassured us and told us he would be there for us. He more than delivered on that commitment. If you are considering a legal firm, go no further, Hoffman-DiMuzio needs to be your choice."

    SEE ALL REVIEWS
  • 5-Star Review

    Posted On Lawyers.com

    " Joe Hoffman is amazing. We cannot say enough about how well we were treated from the moment we sat down until the positive resolution! Stellar customer experience!"


    SEE ALL REVIEWS
  • 5-Star Review

    By Renee Zagarella

    "Wonderful, knowledgeable, kind, and informative! Within days following my free consultation, I was provided with an overview of my appointment with helpful information about my case. I truly appreciate the recommendation I was given at this firm."

    SEE ALL REVIEWS
  • 5-Star Review

    By Anita Campana

    "I was so very impressed with Hoffman DiMuzio from the moment I walked in. Everyone I had come across was so professional and courteous."


    SEE ALL REVIEWS
  • 5-Star Review

    By Mike W

    "Hoffman DiMuzio is a top notch firm. Their attorneys and staff are extremely knowledgeable and go above and beyond for you. I recommend them to everyone in need of legal service."

    SEE ALL REVIEWS
  • 5-Star Review

    By Harry McCormick

    When my significant other was falsely accused of committing a crime, there was only one place to turn. that place was hoffman dimuzio.

    SEE ALL REVIEWS
  • 5-Star Review

    Posted On Google

    "Joe Hoffman Jr took on our case and fought tooth and nail for us. Exposing the truth and serving justice for us, we felt completely vindicated. For any legal matter, criminal, traffic or otherwise, they gained two very satisfied life long customers! Thank you Mr Hoffman!"

    SEE ALL REVIEWS
Joseph J.  Hoffman, Jr. Attorney Photo
Joseph J. Hoffman, Jr.
Senior Partner

For more than 40 years, Mr. Hoffman has protected the interest of his clients through diligence and hard work on legal matters, both large and small. An honors graduate of Rutgers University Law School and a native of Gloucester County, Mr. Hoffman has won numerous accolades for excellence in the practice of law.

Kenneth A. DiMuzio, Sr. Attorney Photo
Kenneth A. DiMuzio, Sr.
Senior Partner

An attorney with over 45 years of professional experience, Mr. DiMuzio concentrates his practice on personal injury and workers’ compensation matters. A graduate of Georgetown University Law School and a native of Gloucester County, Mr. DiMuzio has been honored time and again for his professionalism and ethics in the practice of law.

Ernest L.  Alvino, Jr. Attorney Photo
Ernest L. Alvino, Jr.
Attorney

Ernest L. Alvino, Jr. About Ernest L. Alvino, Jr. concentrates his practice in the area of workplace injuries; construction accidents; product injuries; trucking accidents; auto injuries; medical negligence and crime victim advocacy. Ernie is a lifelong Gloucester County resident, living in Mullica Hill with his wife and children. Ernie worked his way through school as…

Jeremiah J. Atkins Attorney Photo
Jeremiah J. Atkins
Attorney

Jeremiah J. Atkins About Mr. Atkins joined the firm of Hoffman DiMuzio in February 2010. Mr. Atkins represents individuals and corporate clients in commercial and employment litigation. Mr. Atkins’ practice covers a wide variety of employment-related matters before New Jersey State and Federal courts, with a focus on discrimination, retaliation, sexual harassment, family leave and…

Peter J. Bonfiglio, III Attorney Photo
Peter J. Bonfiglio, III
Attorney

Peter J. Bonfiglio III About Mr. Bonfiglio concentrates his practice in the area of municipal court with an emphasis on defense of individuals charged with driving while intoxicated and/or refusal to submit to a breath test. Pete resides in Gloucester Township, Camden County with his wife and two of his three children.  In addition to…

  • Imagine... One law firm, for life.


    New Jersey attorneys for all legal matters

    For all life's stages. For all South Jersey.

Six convenient locations


We'll meet at the office nearest you

  • Franklinville
    Lawyers Near Franklinville
  • Turnersville
    Lawyers Near Turnersville
  • Mullica Hill
    Lawyers Near Mullica Hill
  • Woodbury
    Lawyers Near Woodbury
  • Sewell
    Lawyers Near Sewell
  • Philadelphia
    Philadelphia Office
  • Best Attorneys NJ
    Top Attorneys NJ
    Best Lawyer Award
    Best Trial Lawyers
  • Best Lawyer Award
  • Best Attorneys NJ
  • Top Law Firm Near Me Award
  • Top NJ Lawyers
Take action now by filling out the form below

Submitting this form does not create an attorney-client relationship, but a lawyer from our firm will contact you as soon as possible.

Quick Contact Form