New Jersey Workers' Compensation: Fast Facts
Coverage Requirements Under New Jersey State Law
Most New Jersey businesses must have workers' compensation insurance, with some exceptions. State law requires this coverage for LLC members and companies that only employ part-time or seasonal workers. See which employees are always exempt from coverage below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer about your work-related illness or injury as soon as possible, verbally or in writing. Be sure to do this before you see a doctor unless you need emergency medical care.
Where to Seek Medical Care
Your employer has the right to choose which doctor treats your workplace injury or occupational illness. However, if you need urgent medical care for a life-threatening emergency, go to the closest ER or hospital immediately.
Waiting Period for Lost-Wage Benefits in New Jersey
Your first week off work is always unpaid unless you're out for at least two weeks total to recover. Do note, however, that that 7-day period can include weekends and holidays, not just your work shifts. On day 8, you'll qualify for lost-wage benefits that cover the first week you missed work. If you don't need at least a week off work to recover, then workers' compensation only provides medical benefits.
New Jersey Workers' Compensation Statute of Limitations
You have two years from your work injury or illness diagnosis date to file your New Jersey workers' compensation claim.
New Jersey Weekly Compensation Rate
You can receive no more than 75% of the state's average weekly wage, subject to maximum and minimum benefit amounts./p>
How Long You Can Receive New Jersey Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: up to $3,500 for funeral and burial expenses plus weekly TTD payments until surviving spouse remarries; at that time, the state will pay a lump-sum settlement
- Temporary Total Disability (TTD): until you go back to work, but no more than 400 weeks total
- Permanent Partial Disability (PPD): up to 600 weeks for unscheduled injuries once TTD payments end, and in the same amount; or lump-sum payment calculated based on percentage of total disability for scheduled awards paid on the statutory schedule
- Temporary Partial Disability (TPD): weekly TTD payments for up to 450 weeks
- Permanent Total Disability (PTD): no more than 450 weeks, with additional reduced payments in some circumstances
New Jersey Workers' Comp Coverage Exemptions
The following employees are automatically exempt from New Jersey workers' compensation coverage:
- Casual workers
- Domestic employees working in a private household
- Federal employees
- Independent contractors
- Inmates employed in prison work release programs
- Sole proprietors with 0 employees
- Unpaid interns and volunteers
New Jersey Workers' Compensation Attorney Fees
All New Jersey workers' compensation attorneys work on contingency. This means you only pay legal fees for successful claims. If you don't win, then you owe your New Jersey workers' comp attorney $0. New Jersey workers' compensation lawyers cannot charge more than 20% of your final award in legal fees.
