In New Jersey, can I appeal a workers’ compensation decision?

Like a lawsuit, the workers’ compensation process does allow a party to appeal a workers’ compensation decision. To begin the process, an employee must have been injured in a work-related accident that can be covered by an employer’s workers’ compensation insurance. The employee must notify the employer within the required time. On their own or through its insurance carrier, the employer must determine whether they approve the workers’ compensation claim. If the claim is denied or a dispute arises regarding approval, the employee may file an informal or formal claim with the New Jersey Workers’ Compensation Division.

An injured employee who files an informal claim and receives an unfavorable decision must file a formal claim to be eligible for an appeal. A ruling from a judge in a formal hearing is binding and appealable. To appeal a decision from a formal hearing, the employer may file the appeal in New Jersey’s Appellate Division of the Superior Court.