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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Over $150 Million Recovered
Reviewed for legal accuracy by NJ attorneys handling workers’ comp claims under N.J.S.A. 34:15-1 et seq.
Written by
Aron Solomon
Reviewed by
Michael J. Epstein
Last Updated: April 2026 — Updated to reflect 2026 New Jersey workers’ compensation benefit rate adjustments and current filing rules.
This page has been reviewed for legal accuracy by experienced New Jersey attorneys handling workers’ compensation claims. It reflects New Jersey’s workers’ compensation framework under N.J.S.A. 34:15-1 et seq., including notice requirements, filing deadlines, and benefit rules.
New Jersey workers’ compensation is a no-fault system. In most cases, you do not have to prove your employer did something wrong to qualify for benefits. But that does not mean the process is simple. Claims can still be delayed, limited, or denied.
Under New Jersey law, you generally must notify your employer of a work injury within 90 days. You also generally must file a formal claim petition within two years of the accident or within two years of the last payment of compensation, whichever is later.
For occupational disease claims, New Jersey law recognizes work-related illnesses and cumulative exposure injuries as compensable, and the filing analysis can differ from a single-accident case.
These deadlines matter. Missing them can seriously damage or even end a claim.
Free Consultation Available
You have 90 days to report your injury. Don’t wait.
Call 201-231-7847 for a free consultation.
You may have a claim if:
If any of these apply, your claim is worth evaluating.
Workers’ compensation cases involve more than dramatic accidents. Many strong claims involve injuries that develop over time or get worse with repeated physical stress.
Common claims include:
New Jersey reported 129,029 workplace accidents and 30,956 new claim petitions in 2024, according to the state Division of Workers’ Compensation.
Some jobs produce more serious injury claims than others, including:
Federal workplace data also show that New Jersey had 84 fatal occupational injuries in 2024, with transportation incidents and falls among the leading causes.
Injured on the Job?
We deal with the insurance company and the claim process.
You focus on recovery. Call today for a free case evaluation.
Workers’ compensation usually covers necessary medical treatment, temporary wage replacement, permanent disability benefits where appropriate, and death benefits for surviving dependents. Employers or carriers typically control authorized treatment, except in emergencies.
New Jersey’s benefit structure is tied to a percentage of wages. For 2026, the maximum weekly workers’ compensation benefit rate for temporary disability, permanent total disability, permanent partial disability, and dependency benefits is $1,199. State materials also show temporary disability benefits at 70% of wages, subject to the statutory maximum and minimum in effect for the accident date.
In most cases, workers’ compensation is the exclusive remedy against the employer, but separate third-party claims may exist if someone other than the employer contributed to the injury.
Most claims follow a predictable path:
This process sounds simple on paper. In practice, the pressure points are usually treatment authorization, wage benefits, disability classification, and whether the carrier is trying to minimize the claim.
This is one of the most important sections on the page.
If a worker does not fully recover, New Jersey may award permanent partial disability or permanent total disability benefits, depending on the nature and severity of the lasting impairment. The state’s published 2026 schedule also reflects separate calculations for permanent partial awards, total disability, and specific statutory categories.
Temporary disability is different. It is meant to cover the period when you are out of work and actively healing. Permanent disability benefits are about what remains after treatment has stabilized.
That distinction matters because many disputes turn on whether the insurance carrier is trying to end temporary benefits too early or undervalue long-term impairment.
Depending on the case, workers’ compensation benefits may include:
For 2026, New Jersey’s published schedule lists a funeral allowance not to exceed $5,000 in covered fatal cases.
Workers’ compensation is supposed to protect injured workers quickly. But many disputes are really about delay, control, and cost containment.
That is especially true in cases involving denied treatment, disputed permanency, occupational disease, or workers who are pressured to return before they are ready.
If you were hurt at work, the legal and insurance issues can start fast.
The Epstein Law Firm, P.A. helps injured workers across New Jersey pursue medical care, wage benefits, permanent disability awards, and formal claim relief when carriers refuse to do the right thing.
Call today for a free consultation
Rochelle Park, New Jersey
If you’ve been injured in a motor vehicle accident in New Jersey, don’t try to face the system alone. Contact The Epstein Law Firm, P.A. today for a free consultation. We’re ready to fight for the justice and compensation you deserve—so you can focus on getting your life back.
29%
of all injuries among working-age adults happen at work
2,600,000+
Nonfatal workplace injuries annually (U.S.)
one Worker
Injured every few seconds on the job
Workplace deaths/year Across all industries
Construction
Workers highest risk of serious injury and falls
When someone gets hurt on the job in New Jersey, what are the first steps they should take?
When someone gets hurt at work in New Jersey, the first thing that they should do is report the claim to a supervisor or their boss. By reporting the claim, you preserve your right to pursue a worker’s compensation case and you start the process. It’s a long process, but what you can do is when you report it, you can then get treatment paid for by your insurance carrier.
What should people know about returning to work on “light duty”?
Injured workers in New Jersey should understand that there is something called a return to work on light duty. A doctor can return a injured worker to duty before they finish treatment. Light duty is something where you go back to work, but you cannot perform the functions of your job before you were injured, which means you might have a restriction. For example, you could be restricted to only lifting five or 10 pounds. Or you could have a restrictions where you need to be in a chair the entire time. In New Jersey, it’s important to know and understand that being returned to light duty only can really happen if your employer or the type of work that you had offers light duty. If there’s no offer of light duty, there isn’t a return to work.
What benefits are injured workers truly entitled to — and which ones do employers or insurers often try to deny?
New Jersey Worker’s Compensation covers injured employers for a variety of benefits. They are entitled to wage replacement benefits, what’s called temporary total disability. They’re entitled to have their medical bills paid for. They’re also entitled to devices, things around the house, equipment that they may need. And lastly, they’re entitled to a payment for any permanent loss of function. If their treatment has stopped, the insurance carrier will generally try to dispute a claim if there is an issue with causation, the injuries don’t seem to be extremely significant or if there is a problem with how the accident happened. New Jersey Worker’s Compensation insurance companies will dispute a claim for a variety of reasons, and that’s why having an attorney to speak with the adjuster or consult you on how to speak with someone about this injury is always a good idea.
What are the most common mistakes injured workers make before they call you?
One of the most common mistakes that injured workers make before they call me is they don’t report the accident or they don’t seek medical treatment. If you don’t report the accident on time, your claim may be barred. And if you don’t seek medical treatment, it may be hard to relate the injuries and symptoms that you have to the accident and when you were actually hurt at work.
How long does a typical Workers’ Compensation case take from start to finish?
Workers’ compensation cases take from start to finish generally a long time. What happens is that a injured employee will receive treatment by an authorized treating physician. An authorized treating physician is someone who the insurance carrier selects to manage your care. Once the injured worker has finished treatment, they would then be sent to what’s called permanency evaluations. The respondent or the insurance carrier has the ability to wait six months after someone has finished treatment until they send you for an evaluation. So a worker’s compensation case can take a long time depending on what the treatment is. But that said, it’s a process that can be navigated successfully.
Do I have to see the doctor my employer sends me to?
Do you have to see the doctor your employer sends you to? The answer is yes. In New Jersey, the insurance carrier has the right to control treatment. When I say insurance carrier, the respondent, the employer has the right to control your treatment because they’re paying for it. There are some instances where you can see your own doctor. For example, in New Jersey, if the insurance carrier, the respondent or the adjuster is simply just not doing what they need to do and are required to do under the statute, you could seek your own medical treatment. But that is a very detailed analysis to determine when you can do that. And you know, if you’re not getting the treatment you deserve, I always recommend that you seek an attorney to help you in that situation.
Can I get fired for filing a Workers’ Compensation claim?
A New Jersey worker who’s injured in the course of their employment cannot be retaliated against for filing a worker’s compensation claim. An employer or respondent is not required to hold your job until you return to work. So if you’re out for an extended period of time and they fill the position, they don’t have to hire you back, but they cannot terminate you solely because you filed a worker’s compensation claim.
In most cases, you must notify your employer within 90 days of the injury. Waiting too long can jeopardize your right to benefits.
A formal claim petition generally must be filed within two years of the accident or within two years of the last payment of compensation, whichever is later.
Usually no. In most cases, workers’ compensation is the exclusive remedy against the employer, though a separate third-party case may exist against someone else.
Yes. Workers’ compensation is generally a no-fault system, which means ordinary worker fault does not automatically bar benefits.
Permanent partial disability applies when a work injury leaves lasting impairment, but the worker is not totally disabled. The amount depends on the body part or function affected and the degree of impairment under New Jersey’s schedule.
Permanent total disability applies when a worker is unable to return to gainful employment because of the work injury or occupational condition. Benefits are governed by New Jersey’s statutory structure and published annual rates.
Usually, the employer or insurance carrier controls authorized treatment, except in emergencies or limited special circumstances.
Yes. New Jersey workers’ compensation law can cover repetitive trauma, occupational exposure, and other conditions that develop over time.
You may qualify for temporary disability benefits. New Jersey’s published rates show those benefits are generally paid at 70% of wages, subject to the statutory maximum and minimum in effect.
You can pursue relief through the New Jersey Division of Workers’ Compensation by filing the appropriate petition and moving the matter into formal proceedings.
You may have both a workers’ compensation claim and a third-party personal injury claim, depending on who caused the harm. Those are separate legal tracks.
Attorney fees in workers’ compensation matters are typically subject to court oversight and are often tied to the benefits recovered, rather than paid upfront.
Don’t miss the reporting deadline or let the carrier control the story.
Call 201-231-7847 today.
Thank you again for all of your help, support and advice. You’ve made a trying and difficult time much easier to deal with for my family and myself. You will never have any idea how much your efforts were, and will forever be appreciated.
My family and I are most grateful and appreciative for the work done on our behalf, but more importantly, the kindness and caring you have always shown to us.
Professional, thorough, dedicated, hardworking and compassionate are words that come to mind when I think about Barry, Michael and their team at The Epstein Law Firm. I have known this group for many years and their focus, attention to detail and work ethic are top notch and unrivaled in their field.
$31,000,000
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After an injury, the legal process can feel overwhelming. At The Epstein Law Firm, P.A., we listen, we care, and we fight for the compensation you deserve. Call (201) 231-7847 for your free consultation, or reach out online. Let us handle the legal battle while you focus on healing.
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The Epstein Law Firm
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