New Jersey workers' compensation has several deadlines, and they measure different things. You should notify your employer as soon as possible; 14 days is the safe target, and with no notice or knowledge within 90 days, compensation is generally barred. A formal claim petition generally must be filed within two years of the accident, or within two years after the last payment of compensation. Occupational disease claims, reopenings, and lawsuits against third parties each run on their own clocks.
How soon do you have to tell your employer?
Immediately is the right answer, but the statute sets tiers. Under N.J.S.A. 34:15-17, notice given within 14 days removes any argument about lack of notice. Notice given later can still preserve the claim, but the employer gains room to argue that the delay prejudiced it, and the reasons for the delay can come into question. Under N.J.S.A. 34:15-18, if the employer had neither notice nor knowledge within 90 days, compensation is generally barred.
Notice doesn't have to be formal. Telling your supervisor generally counts, and so does an employer's actual knowledge, such as a supervisor who saw the accident. But informal notice is easy to dispute later. Put it in writing and keep a copy.
When must the claim petition be filed?
Under N.J.S.A. 34:15-51, a claim petition with the Division of Workers' Compensation generally must be filed within two years of the accident, or within two years after the last payment of compensation.
That second option matters when a carrier has been paying benefits voluntarily without a formal case. Whether a particular payment or service counts as "compensation" for this purpose can be disputed, so don't count on a later date without having the file reviewed.
A denial does not stop the clock. If the carrier has denied your claim, the deadline to file still runs; see what to do after a denial.
What is the deadline for an occupational disease claim?
Occupational diseases develop over time, from exposure to chemicals, dust, noise, or repetitive work, so there is often no single accident date. Under N.J.S.A. 34:15-34, a claim generally must be filed within two years after you knew the nature of the disability and its relation to your employment.
The key word is knew. The date a doctor first tells you a condition is work-related often becomes the starting point, which is why it's worth writing that date down. Some conditions, such as occupational hearing loss, have their own statutory provisions.
How long do you have to reopen a case?
If your case ended with an Order Approving Settlement or a judgment awarding permanent disability, you can generally apply to reopen it within two years of the last payment of compensation if your condition worsens or you need more treatment (N.J.S.A. 34:15-27).
A Section 20 settlement is different: it closes the case, and there is generally no reopening. Our page on settlements explains the trade-off.
What about a lawsuit against someone other than your employer?
A third-party lawsuit, against a negligent driver, equipment manufacturer, or property owner, for example, is a separate case in the Superior Court with its own deadlines:
- Personal injury: generally two years from the injury (N.J.S.A. 2A:14-2).
- Claims against a public entity or public employee, such as a town or county: a notice of claim is generally required within 90 days under the Tort Claims Act (N.J.S.A. 59:8-8). This is the deadline that most often catches people out.
Filing a comp claim petition does not protect these deadlines. See third-party claims after a work injury.
When a work injury causes a death, dependency claims carry their own time limits as well. Get advice promptly.
Talking to a lawyer about your situation
Most deadline problems come from assuming the clock hasn't started, or that a voluntary payment, a denial, or an ongoing conversation with the carrier has paused it. A lawyer can tell you which deadlines apply to you and when each one runs out. More about how the firm handles these cases is on the workers' compensation overview.
Gray Law Group is in Jefferson, Morris County, and represents injured workers in Morris, Sussex, Warren and Passaic counties and throughout northern New Jersey. If you're unsure where your deadline stands, bring your accident date, any payment records, and letters from the carrier to a consultation.
Frequently asked questions
Does the two-year deadline start over if the insurance company keeps paying?
It can. N.J.S.A. 34:15-51 allows a claim petition within two years after the last payment of compensation, as well as within two years of the accident. Whether a particular payment counts can be disputed, so don't rely on it without having your file reviewed.
What if I didn't know my illness was caused by my job?
For occupational disease, the two-year period generally runs from when you knew the nature of the disability and its relation to your employment, not from when the exposure happened. That date is often contested, so act once a doctor suggests a work connection.
Is telling my supervisor enough notice?
Notice to a supervisor generally counts as notice to the employer. Still, put it in writing, keep a copy, and make sure an accident report is completed, so there is no later dispute about when the employer knew.
Is there a deadline to sue a driver who hit me while I was working?
Yes, and it's separate from the comp deadlines. A personal injury lawsuit in New Jersey generally must be filed within two years, and a claim against a public entity requires a notice of claim within 90 days of the accident.
This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.