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How Long Do I Have to File a Workers’ Compensation Claim?

Under the New Jersey workers’ compensation laws, an injured worker has up to two years to file a claim with the Division of Labor and Workforce Development. Thus, for a new claim, an injured worker must file a formal petition within two years from the date of their injury. However, for claims stemming from terminated or reduced benefits, a worker has two years from the last day they received payment from their employer or their employer’s workers’ compensation insurance carrier.

Additionally, there are a few other things to note about the timeframe to file a workers’ compensation claim. First, for the purposes of the statute of limitations, the payment of medical benefits counts as “payment of compensation.” Thus, if an employer pays an employee’s medical expenses after an injury, and then stops, the worker will have two years from the last date of the employer’s payment.

For those workers who developed an occupational illness, it can be more challenging to determine when the statute of limitations begins. This is because occupational illnesses often develop over time, starting with nagging symptoms that become more serious as time goes on. Under New Jersey workers’ comp laws, a worker who develops an occupational illness must file a formal petition within two years of the date they first learned that their condition may be related to their employment.

Finally, it is important to emphasize that filing an informal petition does not stop the two-year statute of limitations from running; it is only a formal petition that stops the statute of limitations.

Contact a New Jersey Workers’ Compensation Attorney Today

The law firm of Petrillo & Goldberg has assembled a compassionate team of advocates who have dedicated their careers to ensuring that New Jersey injury accident victims recover the compensation they need and deserve. The NJ workers’ compensation lawyers at Petrillo & Goldberg have extensive experience dealing with the insurance companies so accidents victims can focus on their recovery, spending time with their family, returning to work and moving on with their lives. To learn more, call 856-486-4343 to schedule a free consultation. You can also reach us through our online contact form.

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The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.