How Long Do I Have to File a Workers Compensation Claim?

Q: How long do I have to file?

A: The Statute of Limitations or the time period in which you must file a claim for New Jersey Workers’ Compensation benefits is generally two (2) years from the date of the accident.  In rare cases the time period may be extended to file a claim petition within 2 years of the failure of the employee to receive payment in accordance with an agreement between the employer and the employee, or within 2 years of the last payment of any compensation by an employer for a work-related injury.  As a rule of thumb, always make sure that a claim petition is filed on your behalf and filed on your behalf within 2 years from the date of the accident.

Q: How does my Workers’ Compensation case get filed with the State of New Jersey?

A: The actual claim is filed on line using a Workers’ Compensation Claim Petition form which is filed with the State of New Jersey, Division of Labor.

Q: What information do I need to assist the attorney in completing the Claim Petition form?

A: In order to assist the attorney in completing the Workers’ Compensation Claim Petition form, you will need the following information:

– Your Social Security Number, name, address, including county;

– The name and address, including county, of your employer;

– If possible, the name, address and claim number of your employer’s worker’s

compensation insurance company;

– The date of the accident, the location of the accident; the description of

how the injury occurred;

– A description of your occupation;

– The date you stopped work and the date you returned to work, if you have,

in fact, returned to work;

– A description of your sex, date of birth, marital status;

– The date the injury was reported to your employer and to whom;

– A copy of your pay stub or information concerning how much you earned,

including your gross weekly wages.