Who Can File a Workers’ Compensation Claim in New Jersey?
NJ lawyers assist victims of job-related accidents and their families
Workers’ compensation is a critical safety net for employees in New Jersey. However, claimants seeking benefits could face trouble if a discrepancy exists regarding eligibility requirements or exceptions. If you are wondering who can file a workers’ compensation claim in New Jersey, Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC can explain how the law applies to your situation.
Employees covered under the state’s Workers’ Compensation Law
The New Jersey Workers’ Compensation Law covers virtually all private and public sector employees—including full-time, part-time and seasonal workers—from day one. Independent contractors, however, are generally not covered unless they are misclassified and can prove they function like regular employees.
Your injury or illness must also qualify. It must arise out of, and occur in the course of, employment. This means the injury must be directly related to your performance of job duties.
Workers’ comp eligibility in special cases
Special circumstances related to how some workers do their job can raise doubt as to whether the injury is work-related. Examples include:
- Remote workers — With the rise of telecommuting, many wonder whether injuries sustained while working from home are covered. In New Jersey, remote workers are eligible for workers’ compensation if they are injured during work hours and while performing job-related tasks. For instance, tripping over work equipment during a video call may qualify.
- Traveling workers — Employees whose job requires travel—such as truck drivers or traveling salespeople—may also qualify if injured while conducting business-related activities. However, injuries during personal detours typically do not qualify.
- Offsite workers — If an employee is working at a client’s location or at another non-office worksite and sustains an injury while performing work duties, they are usually eligible.
- Commuters — New Jersey follows the "coming and going" rule, which generally excludes injuries sustained while commuting. However, potential exceptions exist for injuries that occur in employer-owned parking lots and accidents involving employees using company vehicles to perform tasks for their employer during their commute.
Our attorneys can advise you whether your circumstances bar you from collecting workers’ comp in NJ.
Requirements for filing a claim
To initiate a claim, the injured worker must:
- Report the injury to their employer — Ideally you should notify your employer within 14 days, but no later than 90 days.
- Seek medical treatment — You can receive emergency treatment from any licensed facility, but your employer can require you to see a selected physician for non-emergency medical treatment.
If your employer disputes your claim, you have the right to appeal to the Division of Workers' Compensation.
Types of workplace injuries not eligible for workers’ compensation
Workers' compensation does not cover every type of injury. Common exclusions include:
- Injuries resulting from intoxication or illicit drug use
- Deliberate self-inflicted injuries
- Injuries sustained while committing a crime or violating company policy
For example, if you carelessly slip and fall while performing a job-related task, you can receive benefits from a workers’ comp claim. But you are not covered if the reason you fell was that you were engaged in horseplay.
How a NJ workers’ compensation lawyer can help
Navigating a workers’ compensation claim can be complex, especially if the claim is denied or disputed. A New Jersey workers’ compensation attorney at our firm can:
- Ensure that all paperwork is filed correctly and on time
- Help gather evidence to support the claim
- Represent the employee in hearings or appeals
- Negotiate with insurers in pursuit of appropriate benefits
As your legal representative, we are determined to protect your rights and maximize the benefits you receive.
Contact a North Jersey workers’ compensation lawyer to discuss your eligibility
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC advises clients on workers’ compensation claims for injured employees throughout New Jersey. Please call 973-737-1023 or contact us online to schedule a consultation at our Newton or Succasunna office.
