Goldstein Ballen O’Rourke & Wildstein, P.C.
Goldstein Ballen O’Rourke & Wildstein, P.C.

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Are there time limits on filing a claim for worker’s compensation?

On Behalf of | Oct 24, 2022 | Workers' Compensation

If you’ve suffered an injury at work, you may be considering making a claim against your employer for compensation. 

When you find yourself unable to work because of a workplace accident, you might be left in a position where you don’t have a choice but to make a claim in order to pay the bills. 

In the circumstances, how do you protect your legal position? There are often timescales in law and statutory limitation periods that need to be complied with. What do these look like in a worker’s compensation claim? 

Timescales you need to be aware of

In answer to the above question, yes there are time limits that need to be complied with. 

In New Jersey, claims need to be filed within two years of the date of the injury

Some illnesses caused by work will not become apparent until later. For example, work-induced hearing loss or asbestos claims may take years to develop. These need to be filed within two years of the date the employee first became aware of the condition and that it’s a consequence of working for their employer. 

If you try to claim outside of the statutory window, it is likely that you will be barred from doing so. 

When a claim is filed it usually takes up to six months for a first hearing to be heard in front of a judge if the case cannot be settled before this point. 

Worker’s Compensation claims can be complex and may involve litigation. Instructing an experienced legal advocate to represent you in your claim can help you to ensure you receive the full benefits you’re entitled to.