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Workers' compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.

• Medical Benefits
• Temporary Total Benefits
• Permanent Partial Benefits
• Permanent Total Benefits

It also provides death benefits to dependents of workers who have died as a result of their employment. 

An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts.

You should notify your employer as soon as possible. The notice may be given to your supervisor, personnel office, or anyone in authority at your place of business. Notice does not have to be in writing. If you need medical treatment, a request should be made to your employer as soon as possible. Under the NJ workers' compensation law, the employer and/or their insurance carrier can select the physician(s) to treat injured workers for work related injuries.

Once an accident is reported to an employer, the employer’s workers’ compensation insurance carrier will file a First Report of Injury electronically with the State.

The employer's Workers’ Compensation insurance carrier will evaluate the claim and determine if it's compensable under the Workers’ Compensation law. They will contact the injured worker, the employer, and the medical provider to make this assessment. If the claim is accepted, they will direct the injured worker to an authorized medical provider for treatment. If time out of work extends beyond 7 days, they will also provide the injured worker temporary disability benefits during the period of rehabilitation.

Within 26 weeks after the worker returns to work or reaches maximum medical improvement, the insurance carrier is required to submit another form to the Division called the Subsequent Report of Injury. A copy of this form is sent to the worker for their review.

In cases of dispute between an injured worker and the employer and/or insurance carrier over entitlement to benefits, the worker may file either a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers' Compensation.

Disputed issues may include whether the injury/illness was considered work-related, the type and extent of medical treatment, and/or the payment of temporary disability benefits.

Upon filing, the case will be assigned to a judge and a district office based upon the county of residence of the injured worker, or, if the worker lives out of state, the county where the employer is located.

Workers are generally represented by an attorney, but they may file a claim petition on their own (pro se).

To learn more, click here.

The Uninsured Employer's Fund (UEF) was established within the NJ Workers' Compensation Law to provide for temporary disability benefits and medical expenses to workers suffering from compensable injuries while working for employers who fail to provide the required Workers' Compensation insurance coverage and who fail to make such benefit payments as awarded by the Division of Workers' Compensation. 

The process by which the UEF gets involved in a Workers' Compensation case is with the filing of a formal claim petition.  If no insurance carrier or indication of approved self-insurance is indicated on the Claim Petition, a search is requested through the Ó£»¨ÊÓƵ Compensation Rating & Inspection Bureau to determine the insurance status of the employer.

If no insurance is found to be in place for the employer when a case is scheduled to be heard in a selected court vicinage, an attorney representing the Uninsured Employer's Fund is assigned. Certain documentation must be provided by the injured worker/their attorney to the Uninsured Employers Fund and the court. If the employer is found to have failed in providing the required insurance coverage, a Judge of Compensation will order benefits to be paid against the employer. If the employer will not or cannot make the ordered payments to the injured worker, the order of the Judge of Compensation is then docketed in Superior Court against the employer.

Upon application by the worker's attorney, the Uninsured Employers Fund makes payment of all temporary disability and reasonable and customary medical expenses included in the Judge's Order.

To learn more about the Uninsured Employer's Fund, click here.

The law requires that all Ó£»¨ÊÓƵ employers, not covered by Federal programs, have workers’ compensation coverage or be approved for self-insurance. 

If you're aware of an uninsured employer, you may provide this information to the Office of Special Compensation Funds by completing the .

Note: You don't have to identify yourself, but you should provide the name and address of the employer, and, if possible, the names of the principle operators of the business, when completing the form. Investigations initiated by the Report of Non-Compliance may lead to civil and/or criminal action against the reported employer and/or others. We therefore may be legally required to release a copy of the original Report of Non-Compliance to the reported employer or other parties and/or their legal representatives. In such cases, all information provided on the Report of Non-Compliance must be released.

It is against the law for an employer to discharge or discriminate against an employee because the employee claimed or attempted to claim Workers' Compensation benefits or because the employee testified or is about to testify in a Workers' Compensation matter.

As the primary remedy is reinstatement to employment, it is necessary that the complainant is ready, willing, and able to perform the duties of such employment. The employee may seek either civil or administrative courses to effect remedies for such discrimination. Where the civil course is selected by the employee, a complaint against the employer would be filed by the employee against the employer in the Civil Part of the Superior Court. Where the administrative course is selected by the employee, the Office of Special Compensation Funds is responsible for investigating such claims.

If the employer's actions are not believed to be based upon the efforts of an employee to secure Workers' Compensation benefits for themselves or others, but because of the disabling condition, the employee would not have a claim for discrimination in Workers' Compensation; they may have a claim for violation of the Americans with Disabilities Act (ADA). Information concerning the ADA or the filing of complaints under the act may be obtained by writing or calling the Equal Employment Opportunity Commission at 1801 L. Street. NW., Washington, D.C. 20507; (202) 663-4900 (phone); (202) 663-4912 (fax).

If you would like to file a discrimination complaint through the administrative course of action as mentioned above, download and complete the form here.