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How long does someone have to file a workers’ comp claim?

| Feb 23, 2021 | Workers' Compensation |

New Jersey provides a “no-fault” system for injured employees wishing to file a worker’s compensation claim. While the Garden State does not require proof of negligence to factor into any claims, it does impose rules and regulations. Injured employees must act swiftly after an incident, or else they may find the ability to file a worker’s comp claim compromised.

Prompt action after suffering an injury at work

Promptly reporting an incident to an employer may help the process along. Employers might have reasonable questions about the injury. Letting too much time pass could create avoidable problems.

Suppose the employer doesn’t already know about the injury. In that case, the employee or an individual on his/her behalf must inform the employer within 14 days from when the injury occurred. A worker can’t expect payment unless providing notice. However, an employer could challenge the notice, which could complicate things. Claims of fraud or misrepresentation might happen, even inaccurate ones.

The statute of limitations and disputes

Not all workers’ compensation claims follow a smooth process, and New Jersey law provides remedies. An employer or insurance provider might dispute the employee’s claim, leading to the filing of an official “Claim Petition” or “Application for an Informal Hearing.” Now, a judge and a hearing become part of the process.

Be mindful that filing a formal claim in the described manner comes with a statute of limitations. New Jersey law establishes a two-year statute of limitations for those intending to file a formal claim. The clock starts on the later of the “date of injury or the date of last payment of compensation.”

New Jersey workers’ comp rules raise concerns about how much time an employee has to file a claim. Anyone experiencing problems, delays, or even initial denials may need to consult with an attorney.

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