The workers’ compensation framework in New Jersey covers most medical expenses for employees injured in workplace incidents. In addition, the state’s workers’ comp program provides compensation for permanent and temporary disabilities, support for deceased workers, and limited funeral expenses.
Each state has its own version of workers’ compensation statutes, which the majority of employers are mandated to provide for all of their employees. If you have suffered an injury in a job-related incident, you are likely eligible to receive some form of payment as part of the workers’ compensation program.
Unfortunately, similar to other categories of insurance coverages, the specific policies and procedural requirements encompassed within New Jersey’s workers’ compensation insurance program—in addition to the insurance provider’s motivation to obtain a low settlement—can mean that getting the compensation you deserve can be a nuanced and intimidating process.
Luckily, the experienced NJ workers’ compensation insurance attorneys at Petro Cohen, P.C. are ready and willing to assist you in processing your claim as efficiently and effectively as possible. It comes down to the fact that the final disposition of your case will be significantly dependent on the skill and quality of your legal representation.
Select Excellence™. You can rest assured that the legal team at Petro Cohen, P.C. takes great pride in our proven legal abilities and track record of success. We go the extra mile to bring you the support you need to recover from your workplace injury. We proudly represent injured workers throughout South Jersey, including Atlantic County, Cape May County, Camden County, and surrounding areas.
Types of NJ Workers’ Compensation Insurance Benefits Available
There are several types of workers’ compensation insurance benefits that New Jersey employees may qualify for after a work-related injury. We are here to answer every one of your questions regarding your claim. Clients are frequently interested in the various types of NJ workers’ compensation insurance benefits they may be eligible to receive. The following is a brief overview of the types of benefits that you may be entitled to after suffering an injury at your place of employment.
Medical Benefits
NJ workers’ compensation insurance covers “necessary and reasonable” medical expenses. This includes treatment programs, prescriptions, and related hospital services for work-related injuries. The employer, in conjunction with its insurance provider, has the authority to select the medical providers for all workplace injuries.
Workers sometimes feel frustrated by not being able to choose their own doctor. If you believe the authorized physician is not addressing your injury properly, or if treatment is prematurely ended, you may have legal grounds to request a hearing through the Division of Workers’ Compensation. Sometimes, a judge may order additional treatment, a change in provider, or further medical evaluation.
Speaking with a workers’ compensation attorney early can help you navigate this process and protect your access to care.
Temporary Total Benefits
In the event a qualified employee sustains a disability that lasts over seven consecutive days, they will be deemed eligible for temporary total benefits, which are retroactively applied to the initial day of missed work.
The employee will be compensated at 70% of their median weekly earnings, not exceeding the statutory maximum rate of $1,159 per week or dipping under the statutory minimum rate of $309 per week (effective January 1, 2025), as set annually by the New Jersey Commissioner of Labor and Workforce Development.
These disbursements are made until the employee returns to full-time employment status, has reached a physician-determined “maximum medical improvement” (also known as MMI), or has been disabled for 400 consecutive weeks.
Permanent Partial Benefits
When an employee incurs a permanent physical disability due to a workplace injury or illness, the associated workers’ compensation benefits are premised on the worker’s functional loss, and are disbursed weekly pursuant to the workers’ compensation law.
The dollar amounts for permanent partial benefits are also adjusted each year in line with the statewide average weekly wage.
Permanent Total Benefits
Employees are entitled to permanent total disability benefits if workplace injury or illness precludes them from performing any category of gainful employment in the future.
These benefits are 70% of the employee’s weekly median earnings, subject to the same 2025 maximum of $1,159 per week and minimum of $309 per week, and are paid on a weekly schedule for an initial window of 450 weeks. After this initial period, the employee must demonstrate that they remain completely disabled to continue receiving the benefits.
Death Benefits
Dependents of an employee who is killed in a work-related accident may qualify for death benefits and funeral costs of up to $5,000. Death benefits are disbursed on a weekly basis and are equal to 70% of the earnings of the deceased employee, within the statutory maximum and minimum rates applicable for that year.
Workers are often relieved to learn that, under New Jersey’s “No Fault” workers’ compensation statute, they are not required to prove their employer was at fault for their injury in order to receive the benefits listed above (although certain employee actions, including the use of alcohol or drugs at the time of the incident, may preclude you from receiving workers’ compensation benefits).
The only fact you, as the worker, must substantiate is that the injury or disease was in some way associated with your employment obligations.
What to Do When Benefits Are Denied or No Insurance Exists
Understanding how NJ workers’ compensation insurance applies to denied or delayed claims is essential for protecting your rights as an injured worker. If you’ve been hurt at work, you expect your medical care to begin promptly and your lost wages to be covered. However, delays, denials, and coverage issues can make accessing the support you need difficult. State law provides several paths forward, including when an employer does not carry NJ workers’ compensation insurance.
Check Whether Your Employer Has Coverage
Most employers in New Jersey must carry workers’ compensation insurance or qualify as self-insured through the Department of Labor and Workforce Development. If your employer has not provided the insurance carrier’s name, ask for this information in writing and keep a copy of the request. A vague or missing response may indicate a problem.
If coverage cannot be confirmed, contact the Office of Special Compensation Funds. This agency manages the Uninsured Employers Fund (UEF), which may provide medical and wage benefits when an employer fails to carry valid insurance. The UEF helps treatment and payments continue while the State seeks reimbursement from the employer.
Submit a Claim Petition If Benefits Are Denied or Delayed
If you have confirmed coverage but your claim is denied or delayed, or if no insurer steps in to provide benefits, you can file a claim petition with the New Jersey Division of Workers’ Compensation. A judge will review your case and decide whether benefits should be awarded.
The petition must be filed within two years of the injury or the date of the last benefit payment. It includes medical records, wage details, and a description of how the injury occurred.
Before filing a petition, gathering documentation, including any communication with your employer or the insurer, records of missed workdays, and copies of all medical reports, is helpful. These materials can clarify the timeline and support your claim.
While the process is formal, many disputes are resolved without a full trial, especially when the evidence is clear and complete.
The workers’ compensation attorneys at Petro Cohen, PC can handle of these issues and it is extremely advisable to contact a workers’ compensation attorney as soon as you are injured at work.
Why Claims Are Denied and What That Means for Your Case
Insurance carriers responsible for handling workers’ compensation insurance in NJ may dispute claims for several reasons. They might argue that the injury did not happen at work, that a pre-existing condition is involved, or that the incident was not reported on time.
One of the most common points of dispute involves medical care. In New Jersey, the employer or its insurance provider selects the treating physician. However, you are still entitled to reasonable and necessary care for your recovery.
When benefits are denied or your employer does not have valid insurance, you still have legal protections. Petro Cohen can guide you through the claims process, handle the necessary filings, and help make sure that your medical treatment and wage payments continue without unnecessary interruption.
Frequently Asked Questions About NJ Workers’ Compensation Insurance
Does NJ require workers’ compensation insurance?
Yes. New Jersey law requires nearly all employers to carry workers’ compensation insurance or be approved as self-insured. This coverage protects employees by paying medical expenses, disability benefits, and death benefits after workplace injuries. Operating without coverage can lead to heavy fines and even criminal penalties.
What are the three main requirements to obtain workers’ compensation?
To qualify for workers’ compensation benefits in New Jersey, three key conditions must be met:
- The injury or illness must be work-related;
- The employee must be covered by the employer’s NJ workers’ compensation insurance; and
- The incident must be reported promptly, generally within 14 days. Meeting these ensures timely access to medical care and wage replacement benefits.
Contact a Trusted South Jersey Workers’ Compensation Attorney Today
The workers’ compensation claims process can be intimidating and confusing, particularly if you have never been through the process or if your claim is one that is complicated in and of itself.
Disputed claims are common. Your employer and their insurance company may be unwilling to provide you with the financial support you need to cover your medical bills and lost earnings during the rehabilitation process.
At Petro Cohen, P.C., our South Jersey workers’ compensation attorneys have decades of combined legal experience and are skilled in assisting injured workers like you with all of their workers’ compensation-related needs. Our attorneys have exceptional credentials and a proven track record of success, and will work hard for you to receive the medical treatment you need and the compensation you deserve.
Frank Petro of Counsel to the firm has been recognized as an outstanding attorney by Best Lawyers® every year since 1995 and by Super Lawyers® every year since 2005. He also has achieved a rating of “Superb” on the leading lawyer-review website, Avvo®, the highest achievable rating.
Our law firm has also received the highest rating by Martindale-Hubbell, the world’s foremost authority on law firm credentials, in Professional Excellence and Ethical Standards and Legal Ability.
You have worked hard—let our attorneys work hard for you. The first step is to consult with one of our attorneys about the specifics of your claim. We offer free consultations and only get paid if we win your case.
Contact us today at 888-675-7607 or live chat on our website to set up a free consultation and learn more about how we can assist you.
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