Workplace accidents can turn your life upside down in an instant. One moment, you’re focused on finishing your shift or meeting a deadline; the next, you’re left wondering how you’ll pay medical bills, take care of your family, or even get back to work. Whether it’s a sudden injury or the gradual onset of a work-related illness, knowing how to protect your legal rights can feel overwhelming.
That’s why it’s important to understand the steps you need to take after a workplace accident in New Jersey. What steps should you take if an injury occurs in the workplace? In this blog, a workplace injury lawyer breaks it down for you, helping you make sense of the workers’ compensation system and your rights under state law. The first step? Notifying your employer immediately after the accident.
Notify Your Employer Immediately
New Jersey workers’ compensation law places specific deadlines on when you must notify your employer of a workplace injury or occupational illness to preserve your right to workers’ compensation benefits. The timelines are as follows:
- Within 14 Days: If you notify your employer within 14 days of the injury, your claim will proceed without issue, provided your injury meets the legal requirements for compensation.
- Within 30 Days: If you notify your employer within 30 days, compensation will still be allowed unless the employer can prove they were harmed by the delay or by inaccuracies in the notice.
- Within 90 Days: You may still qualify for compensation if you notify your employer within 90 days, but you must show that your failure to notify sooner was due to mistake, ignorance, or another reasonable cause. However, the employer can still contest your claim if they can demonstrate they were prejudiced by the delay.
- After 90 Days: If you fail to notify your employer within 90 days, you will lose your right to workers’ compensation benefits.
Notice can be verbal or written and does not require a specific format. However, providing written notice is strongly recommended to protect your legal rights by creating a clear record of the report. This notice can be made by you, someone on your behalf, or even your dependents if necessary.
When notifying your employer, include simple details like:
- The date, time, and location of the incident
- A brief description of how the injury occurred
- The names of any witnesses
If your employer already has actual knowledge of the injury, such as through a supervisor or incident report, this may satisfy the notice requirement under the law. Acting within the required timelines protects your right to benefits and ensures that your employer can begin the claims process promptly.
Once your employer is notified, they are responsible for reporting your injury to their workers’ compensation insurance carrier, who must file a First Report of Injury with the state within 21 days. Acting quickly helps keep the process moving and minimizes potential complications.
Seek Medical Attention Promptly
After reporting your injury, the next step is obtaining medical treatment. In New Jersey, your employer or their insurance carrier has the right to choose the doctor who treats you. However, in emergencies, you are free to seek treatment at the nearest hospital or urgent care facility without prior approval.
The medical care you receive should address all necessary treatments, like surgery, physical therapy, or medication. Keep a record of every appointment and prescribed treatment to avoid confusion or disputes later. Getting the right medical care not only helps you recover but also protects your legal rights by ensuring your injuries are documented and connected to the workplace accident.
If your employer refuses to provide medical treatment, you can file a formal claim with the New Jersey Division of Workers’ Compensation. This is another way to protect your legal rights when your employer or insurance carrier is not meeting their obligations.
Understand the Benefits Available to You
New Jersey’s workers’ compensation system provides several types of benefits, depending on the severity of your injury or illness:
- Medical Benefits: Covers all necessary and reasonable medical treatment related to your workplace injury or illness.
- Temporary Disability Benefits: If your injury keeps you out of work for more than seven days, you are entitled to receive 70% of your average weekly wages, subject to a maximum limit set by the state.
- Permanent Partial or Total Disability Benefits: If your injury results in long-term or permanent impairments, you may be eligible for additional compensation based on the extent of the disability.
- Death Benefits: If a workplace accident results in a worker’s death, their dependents may receive benefits, including coverage for funeral expenses up to $3,500.
Understanding these benefits is essential to ensuring you receive the full compensation you’re entitled to under New Jersey law.
File a Formal Claim if Necessary
If your employer or their insurance carrier disputes your injury, refuses to provide treatment, or denies your benefits, you have the right to file a formal claim with the New Jersey Division of Workers’ Compensation. A formal claim petition must be filed within two years of the date of the injury or the last payment of benefits, whichever is later.
While it’s possible to file a claim on your own, the process can feel overwhelming. A New Jersey workers’ compensation lawyer can guide you through every step, ensuring your case is presented effectively.
When you file a claim, you can request a hearing before a judge of compensation, which is like a specialized court for workers’ compensation cases. At this hearing, you can present evidence, such as medical records and witness statements, to strengthen your case.
New Jersey also offers an informal hearing process, where both parties can discuss the claim in front of a judge without the formality of a full trial. Although the judge’s recommendations are not binding, this process often leads to quicker resolutions. Having legal support in these discussions can make a significant difference in protecting your rights.
Know Your Protections Against Employer Retaliation
New Jersey law prohibits employers from retaliating against employees who file workers’ compensation claims. Retaliation means your employer cannot fire, demote, or treat you unfairly because you asserted your legal rights.
If you suspect retaliation, documenting these actions helps protect your legal rights and ensures your employer can be held accountable for any unfair treatment.
After a workplace accident, your actions can significantly impact your ability to recover benefits. By notifying your employer promptly, seeking appropriate medical care, and understanding the workers’ compensation benefits available to you, you can protect your legal rights. Taking the right steps now will allow you to focus on your recovery without unnecessary complications.
Protect Your Rights After a Workplace Accident
Workplace accidents can disrupt your life in more ways than one, but you don’t have to handle the aftermath alone. At The Law Offices of Peter N. Davis & Associates, we’re dedicated to standing up for injured workers across New Jersey.
Workers’ compensation claims often involve disputes over benefits, delayed payments, or challenges from employers or insurance carriers. Let us handle the details so you can focus on your recovery.
With over three decades of experience in New Jersey workers’ compensation cases, our NJ workers’ compensation attorney is ready to evaluate your situation, explain your rights, and pursue the benefits you need under the law. We work on a contingency fee basis, which means you don’t pay unless we recover compensation for you.
If you’ve been injured on the job, call (973) 279-7246(973) 279-7246 or fill out our confidential online form to schedule a free consultation. We’re available 24/7 to discuss your case and fight for your rights after a workplace injury or accident.
Copyright © 2025. The Law Offices of Peter N. Davis & Associates, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Law Offices of Peter N. Davis & Associates, LLC
72 Essex Street, Suite 2,
Lodi, NJ 07644
(973) 279-7246(973) 279-7246
https://peterdavislaw.com/
