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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.
A work injury can leave you waiting for two things you need now: medical care and income. Having an accident reported does not necessarily mean the insurer has authorized treatment, calculated your benefits correctly, or accepted a lasting disability. Each question needs attention as your recovery changes.
The Epstein Law Firm helps injured New Jersey workers pursue workers’ compensation benefits and address disputes over care, time away from work, and permanent limitations. We also examine whether someone outside your employer may be legally responsible for the injury. That separate claim can matter, but it should not distract from getting your compensation claim moving.
Tell us what happened, what treatment you have received, and what the employer or insurer has said. You do not need to have every document assembled before asking for help.
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New Jersey Workers’ Compensation
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New Jersey workers’ compensation generally covers eligible employees whose injuries arise out of and in the course of employment. It is a no-fault system: proving your employer was careless is not ordinarily required. You still need evidence connecting the injury or illness to your work. The Division of Workers’ Compensation explains the benefits and eligibility framework.
Our review starts with the immediate problem. Has a doctor been authorized? Is surgery being disputed? Have checks stopped after a light-duty release? An insurer may accept that an accident happened while disagreeing about one of these issues. Identifying the actual dispute helps determine what records and legal action are needed.
Keep appointment notices, restrictions, pay records, and correspondence together. If an adjuster gives you an important answer by telephone, make a dated note of the conversation. A claim number is useful, but it is not a substitute for knowing which treatment or benefit has been approved.
An injury from a single incident and an illness that develops over years will not have the same paper trail. Our workers’ compensation practice includes:
Do not guess at a diagnosis or change your history to fit a claim. Give your treating providers an accurate account of your work, symptoms, and earlier medical conditions. Missing information is something to investigate, not fill in with assumptions.
Medical benefits concern reasonable and necessary treatment for the compensable injury. The employer or carrier generally chooses the authorized provider, with exceptions for emergencies and inappropriate refusal of care. Tell the employer promptly if emergency treatment was necessary, and keep the records.
Temporary disability benefits replace part of eligible lost wages while you are unable to work and receiving active care. They are subject to legal limits and depend on your work status. Permanent disability benefits address qualifying lasting impairment after the medical condition stabilizes; returning to a job does not by itself answer whether a permanent partial disability exists.
These benefits use different rules. The state’s rates and schedules vary by accident year and benefit category. The highest weekly rate is not an estimate of your settlement. The Epstein Law Firm reviews the wage calculation, medical evidence, and disputed restrictions instead of treating one advertised number as the value of a claim.
Notify a supervisor or another person in authority as soon as possible and request care. Notice need not be written, although keeping a written record can help establish what was reported. Do not wait for a deadline to begin that conversation.
For an accident injury, the notice statute has earlier requirements and a general outer limit of 90 days for notice or employer knowledge. It is not an unconditional grace period. A formal claim petition generally must be filed within two years of the injury or last compensation payment, whichever is later; authorized medical treatment counts as compensation. Occupational-disease timing depends on awareness of the condition and its work connection. See the notice statute and Division filing guidance.
Reporting to the employer, negotiating with an adjuster, and applying for an informal hearing are not interchangeable with filing a formal petition. An informal hearing does not stop the filing clock. Bring any denial, prior order, or settlement paperwork when discussing your options.
An insurer’s refusal does not necessarily end the claim. New Jersey provides informal hearings and formal proceedings before the Division. An informal hearing can help resolve a disagreement, but the judge’s suggestions are not binding. A formal case can produce an enforceable decision.
Where necessary medical care or temporary benefits are being withheld, a motion for medical and temporary disability benefits may be appropriate. The supporting records should identify the treatment requested, the work restrictions, and why the benefits are due. Simply repeating that the situation is urgent will not supply missing medical proof.
If a doctor releases you to light duty, obtain the restrictions and tell your lawyer what work the employer actually offers. A release, an available job, and your ability to perform that job are separate facts. Keep communicating rather than assuming either that every offer must be accepted or that benefits automatically continue.
Our practice addresses both workers’ compensation claims and civil injury cases. That combination matters when a fall, vehicle collision, or equipment incident involves a property owner, driver, or other third party outside the employer. The evidence for a civil claim and the compensation benefit record should be evaluated together, including any reimbursement claim against a recovery.
Michael J. Epstein is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. His civil litigation background is particularly relevant when a workplace event also presents a separate injury lawsuit. The firm’s results below include civil recoveries for work-related injuries; they are not examples of workers’ compensation benefit awards or predictions of what another claim will recover.
Contact us with the injury date, employer’s name, treatment history, current work status, and any insurer correspondence. We can discuss the issue that is holding up your claim and the records needed to evaluate it. Use our contact form or call 201-231-7847 to arrange a conversation.
Tell our workers’ compensation team what treatment you need, whether you are receiving benefits, and what your doctors have said about returning to work. Bring any denial or payment notice so we can discuss the specific problem and your next steps.
Selected results reported by The Epstein Law Firm.
These are civil recoveries involving work-related injuries, not workers’ compensation benefit awards.
Prior results do not guarantee a similar outcome. Each case depends on its own facts, evidence, and applicable law.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
“They took the time to explain everything clearly, making sure I understood my options and felt comfortable with each step of the process.”
— R. S. · Read the full Google review
“Michael and his team were incredibly responsive, always keeping us informed and addressing any questions or concerns promptly.”
— s. v. · Read the full Google review
These answers provide general information. Your employment, medical evidence, dates, and claim history can change the analysis.
Often, yes. New Jersey’s workers’ compensation system generally does not require an eligible employee to prove employer negligence, and ordinary carelessness by the employee does not automatically defeat a claim. The injury still must arise out of and in the course of employment. Statutory exclusions and disputes about whether an activity was work-related can change the result.
Describe the actual task and circumstances, including who directed the work and where it happened. Do not assume that apologizing for a mistake means you surrendered benefits. An insurer may investigate the work connection, the medical cause, and any applicable exclusion, so an accurate incident history remains important even in a no-fault claim.
Sources: New Jersey Division of Workers’ Compensation—Injured Worker Protections; New Jersey Workers’ Compensation Law, N.J.S.A. 34:15-7 and 34:15-8.
Usually, the employer or its workers’ compensation insurer selects the authorized treating provider. Exceptions can apply when an emergency requires treatment or the employer improperly refuses necessary care. Choosing a different doctor without addressing authorization can create a dispute over payment, even if you reasonably want another opinion.
Request treatment promptly and keep the employer’s response. If care is refused, delayed, or insufficient, discuss whether a motion for medical benefits is appropriate. In an emergency, obtain the needed care and notify the employer as soon as possible. Save the emergency records and later authorization correspondence so the circumstances can be evaluated rather than reduced to a disagreement about which doctor you visited.
Sources: Injured Worker Protections—Medical Benefits; Frequently Asked Questions for Workers—Treatment Disputes.
Temporary workers’ compensation disability benefits generally use 70 percent of average weekly wages, subject to statutory minimum and maximum rates for the accident year. For 2026 injuries, the state lists a $1,199 weekly maximum and $320 minimum for this benefit category. Those figures do not describe every permanent disability award or guarantee a particular worker’s payment.
Eligibility also depends on the required period of disability, medical care, and work status. Keep pay stubs and compare them with the wage information used by the carrier. Tell your lawyer about a release to work, changes in restrictions, or benefits that stop unexpectedly. A payment calculation and a decision about how long benefits continue are separate issues that may require different evidence.
Sources: New Jersey Workers’ Compensation—Rates and Statistics; Frequently Asked Questions for Workers—Wage Benefits.
Yes, returning to work does not automatically rule out permanent partial disability benefits. A compensable injury may leave lasting functional restrictions even when you can perform some or all job duties. Permanent total disability involves a different level of impairment and different rules; the two categories should not be treated as interchangeable.
Medical evidence must support the claimed lasting disability. Describe continuing limitations accurately, including changes in lifting, standing, gripping, or other activities, without assuming that a diagnosis determines an award. The benefit schedule, degree of impairment, wages, and applicable law affect the calculation. The insurer’s decision to end temporary wage benefits does not by itself resolve every question about permanent disability.
Sources: Injured Worker Protections—Permanent Disability Benefits; New Jersey Workers’ Compensation Law, N.J.S.A. 34:15-12 and 34:15-36.
They can be. New Jersey recognizes compensable occupational diseases, but a condition’s appearance while you are employed does not alone prove entitlement. The medical and employment evidence must establish the required connection to work. Repeated tasks, exposure histories, and the timing of symptoms may matter more than a single incident report.
Collect job descriptions, employment dates, task details, and relevant medical records. Tell your lawyer when you first learned both of the condition and its possible relationship to employment, because occupational-disease filing rules differ from a straightforward accident claim. Earlier health conditions and non-work exposures should be disclosed accurately. A physician’s assessment and the legal standard determine causation, not a self-diagnosis or a checklist of symptoms.
Sources: New Jersey Workers’ Compensation Law, N.J.S.A. 34:15-31 and 34:15-34; Frequently Asked Questions for Workers—Occupational Illness Filing Limits.
No. Employer notice and filing a formal claim petition are different requirements. For an accident claim, the formal petition generally must be filed within two years of the injury or last compensation payment, whichever is later. Authorized medical treatment counts as compensation. Occupational illnesses have a separate awareness-based rule.
Keep the report date, treatment dates, and payment history, but do not calculate a deadline from the last conversation with an adjuster. Negotiations and an informal hearing application do not stop the formal filing period. If you already signed a settlement or received an order, bring it for review because the procedural history matters. Reporting promptly is essential, but it does not replace checking whether a formal filing is needed.
Sources: New Jersey Workers’ Compensation—Navigating Disputes; New Jersey Workers’ Compensation Law, N.J.S.A. 34:15-17, 34:15-34 and 34:15-51.
You can challenge a disputed denial through the New Jersey Division of Workers’ Compensation. Depending on the problem, an informal hearing, formal claim petition, or motion for medical and temporary disability benefits may be appropriate. An informal judge’s recommendation is nonbinding; formal proceedings can produce an enforceable decision.
Ask for the stated reason and save the denial, payment records, and medical restrictions. For a treatment dispute, identify the specific care requested and the physician’s supporting opinion. For stopped checks, document your work status and any light-duty offer. Different explanations require different responses, and filing an informal application does not suspend the deadline for a formal claim. Avoid treating the carrier’s letter as the final legal determination.
Sources: New Jersey Workers’ Compensation—Navigating Disputes; Frequently Asked Questions for Workers—Entitlement and Medical Motions.
Yes, a separate claim may be possible when a legally responsible third party outside the employer caused the injury. Examples may involve another driver, a property owner, or defective equipment, but responsibility must be established. Receiving workers’ compensation does not automatically prove the third party was negligent or otherwise liable.
The claims must be coordinated. New Jersey law allows an employer or compensation carrier a credit or reimbursement interest in certain third-party recoveries, so the gross civil settlement is not necessarily the amount you keep. Preserve photographs, equipment information, witness details, and correspondence from every insurer. Have the compensation payments and any proposed civil settlement reviewed together before assuming the recoveries are entirely independent.
Sources: Frequently Asked Questions for Workers—Third-Party Recoveries; New Jersey Workers’ Compensation Law, N.J.S.A. 34:15-40.
A lack of insurance does not automatically eliminate your claim against the employer. New Jersey’s Uninsured Employers Fund may provide qualifying medical and temporary disability payments when statutory and procedural requirements are met. The Fund does not pay permanent disability benefits, and access is not automatic simply because an employer says it lacks coverage.
A formal claim, joining the Fund, and an appropriate award are part of the process described by the Division. Gather the employer’s correct business name and address, employment and wage records, medical bills, and information about any insurer that was identified. Reporting suspected noncompliance is separate from pursuing your benefits. Keep both steps in view rather than assuming a report alone secures payment.
Sources: Frequently Asked Questions for Workers—Uninsured Employers Fund; New Jersey Workers’ Compensation Law, N.J.S.A. 34:15-120.1 through 34:15-120.13.
Attorney fees for claimants’ services before the Division require approval by a workers’ compensation judge. The current statute permits a reasonable attorney fee up to 25 percent of the judgment, subject to its terms; that cap does not mean every case receives that fee. The 2024 amendment replaced the former 20 percent cap.
Ask how attorney fees, medical evaluation charges, and other allowable expenses will be handled and what portion may affect your recovery. A workers’ compensation proceeding has its own fee rules, which should not be confused with a separate civil injury lawsuit’s agreement. Review the proposed arrangement and any final order carefully so the amount awarded and the amount payable to you are understood.
Sources: P.L. 2024, Chapter 55—Amendment to N.J.S.A. 34:15-64; New Jersey Workers’ Compensation Law—Counsel Fees and Proceedings.
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Call (201) 231-7847 for a free consultation.
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.
$31,000,000
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The Epstein Law Firm
The Epstein Law Firm