Question 1

Can I choose my own doctor?

Accepted Answer

In New Jersey, the employer (and their workers' compensation insurance carrier) generally has the right to direct your medical care and choose the treating physician. There are limited exceptions for emergencies and when the employer fails to provide treatment.

Question 2

Can I be fired for filing a workers' comp claim?

Accepted Answer

No. It is illegal under New Jersey law for an employer to retaliate against or terminate an employee solely for filing a workers' compensation claim. If you suspect retaliation, document everything and call me.

Question 3

Can I sue my employer directly?

Accepted Answer

In most cases, workers' compensation is the "exclusive remedy" against your employer. But if a defective product, a negligent contractor, or another third party caused or contributed to your injury, you may have a separate third-party personal injury claim – which is often more valuable than the comp claim alone. Many workers don't realize this exists.

Question 4

How long do I have to report a workplace injury?

Accepted Answer

Notify your employer as soon as possible – ideally within 14 days. New Jersey requires notice within 90 days, and the Claim Petition itself must generally be filed within two years of the injury date or last payment of compensation.

Workers' Compensation

Injured on the Job? You Have Rights – and Deadlines.

Frequently Asked Questions

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