Is There a Statute of Limitations on Workplace Injuries?

After a workplace injury, it is understandable to focus on getting medical treatment, recovering, and figuring out how to keep your bills paid while you are unable to work. Filing a workers’ compensation claim may not feel like the most urgent concern.

But there are deadlines.

In New Jersey, there is generally a two-year statute of limitations for filing a formal workers’ compensation claim. In many cases, the deadline runs from the date of the injury or the last payment of compensation, whichever is later. Authorized medical treatment provided by the employer can also count as compensation for purposes of the deadline.

Understanding that deadline is important. However, it’s also important to understand that you should not wait two years to take action.

When Does the Two-Year Deadline Apply?

New Jersey requires a formal Claim Petition to be filed with the Division of Workers’ Compensation within the applicable statutory period. For a typical workplace accident, that period is generally two years from the date of the accident or the last payment of compensation, whichever is later.

That doesn’t mean you should just mark a date on the calendar and wait. You’ll need to determine whether the injury was work-related and find out what medical treatment is necessary. You’ll also want to know if you can work and whether you have suffered a permanent impairment. Waiting can make those issues more difficult to address.

What About Reporting the Injury to Your Employer?

Reporting the injury and filing a formal workers’ compensation claim are not the same thing.

New Jersey advises injured employees to notify their employer as soon as possible. The state says notice does not have to be in writing, although putting the report in writing can provide a useful record.

The state’s workers’ compensation materials also recommend reporting an injury no later than 90 days after the accident.

In practical terms, do not assume that telling your supervisor means every step of the claims process has been completed. Your employer and its insurance carrier have responsibilities after an injury is reported, but disputes can still arise over whether an injury is compensable or what benefits should be provided.

What If the Injury Develops Gradually?

Not every workplace injury happens in a single dramatic accident.

Some workers develop conditions over time because of repetitive tasks, workplace exposure, or other occupational causes. New Jersey has different rules for occupational illnesses. Generally, the two-year period begins when the worker becomes aware of the condition and its relationship to employment.

These cases can be complicated. Determining when someone reasonably became aware of a work-related condition may require looking closely at medical records, symptoms, employment history, and other facts.

Does an Informal Hearing Stop the Deadline?

No. This is an important distinction.

An injured worker can request an informal hearing through the New Jersey Division of Workers’ Compensation in an effort to resolve a dispute. However, filing an application for an informal hearing does not stop the two-year statute of limitations from running.

Someone who is relying on an informal process therefore should not assume that the deadline has been preserved.

What Happens If Your Claim Is Disputed?

An employer or insurance carrier may dispute whether an injury is work-related, what treatment is appropriate, or whether you qualify for temporary or permanent disability benefits. When a dispute cannot be resolved, an injured worker can file a formal claim petition with the Division.

At that point, having an experienced attorney can make a significant difference. Workers’ compensation law involves deadlines, medical evidence, employer and insurance carrier communications, and legal standards that may be difficult to navigate while you are trying to recover.

Don’t Let a Deadline Add to an Already Difficult Situation

You should not have to become an expert in workers’ compensation law while dealing with an injury. If you were hurt at work, report the injury promptly. You should also get advice about your rights can help protect your interests before a deadline becomes a problem.

An experienced New Jersey injured workers attorney can evaluate your situation. They’ll explain the deadlines that may apply and help you understand what steps should be taken next.

If you have been injured on the job in New Jersey or are concerned about whether you waited too long to pursue a claim, contact us to schedule a consultation. Getting guidance early can give you greater confidence that your rights are being protected while you focus on your recovery.