New Jersey Workers' Compensation Lawyer
Hurt on the job? You have rights under New Jersey law — and an insurance carrier whose job is to pay you as little as possible.
If you were injured at work anywhere in New Jersey, you are entitled to medical treatment, wage replacement and compensation for permanent injury under the New Jersey Workers’ Compensation Act, N.J.S.A. 34:15-1 et seq. Those benefits are not a favor from your employer. They are the law. But the insurance carrier controls which doctor you see, decides whether your claim is “compensable,” and calculates what your injury is worth — and every one of those decisions can be wrong.
At Ibrahim Injury Law, our New Jersey workers’ compensation lawyers represent injured employees in East Brunswick, Middlesex County and throughout the state. We handle denied claims, delayed benefits, disputed disability ratings and — where someone other than your employer is responsible — third-party injury lawsuits that can recover far more than workers’ comp alone. [FIRM CONFIRM: scope of representation — see note in the review section.]
Call (844) 315-4878 for a free consultation. There is no fee unless we recover benefits for you.
Why Injured Workers in New Jersey Choose Ibrahim Injury Law
We know how carriers think. Attorney Jonathan B. Ibrahim spent years on the other side of the table in roles with major insurance carriers before representing injured people. That background means we anticipate the carrier’s playbook — the independent medical exam that minimizes your injury, the “light duty” offer designed to cut off temporary benefits, the lowball permanency rating — and we build your case to defeat it.
We look beyond workers’ comp. Workers’ compensation is an exclusive remedy against your employer, but it is not your only remedy. When a negligent driver, subcontractor, property owner or equipment manufacturer caused your injury, we pursue a separate personal injury claim for pain and suffering, full lost wages and other damages the comp system does not pay.
No fee unless you win — and fees are capped by law. Under N.J.S.A. 34:15-64, attorney fees in a New Jersey workers’ compensation case are set by the Judge of Compensation and cannot exceed 20% of the award. In many cases the judge orders the insurance carrier to pay a portion of that fee. You never pay anything out of pocket.
Local, accessible, responsive. Our office is at 63 W Prospect St, Suite 4, East Brunswick, NJ 08816, minutes from the Middlesex County vicinage. We return calls, we explain every step, and we treat your claim like it is the only one we have.
What Benefits Does New Jersey Workers' Compensation Pay?
New Jersey workers’ comp is a no-fault system. You do not have to prove your employer did anything wrong — only that the injury arose out of and in the course of your employment. In exchange, benefits are limited to the categories set by statute:
Medical Benefits
Under N.J.S.A. 34:15-15, your employer (through its carrier) must pay for all necessary and reasonable medical treatment to cure and relieve the effects of your injury — doctor visits, surgery, hospitalization, physical therapy, prescriptions and medical devices. There is no deductible, no co-pay and no dollar cap.
The catch: in New Jersey, the employer chooses the treating physician. If you treat with your own doctor without authorization, the carrier can refuse to pay. If the authorized doctor is rushing you back to work or refusing to order the MRI you need, we can file a Motion for Medical and Temporary Benefits to compel appropriate care.
Temporary Total Disability Benefits
If your injury keeps you out of work for more than seven days, you are entitled to temporary disability benefits equal to 70% of your average weekly wage, subject to a state-set maximum and minimum that the Division adjusts every January 1 (N.J.S.A. 34:15-12(a)). Benefits continue until you return to work, reach maximum medical improvement, or hit the 400-week cap — whichever comes first. These payments are not taxable.
Permanent Partial Disability Benefits
Once you reach maximum medical improvement, you may be left with a lasting impairment — reduced range of motion in a shoulder, chronic back pain after surgery, hearing loss, nerve damage. New Jersey compensates permanent partial disability under a statutory schedule (N.J.S.A. 34:15-12(c)) based on the body part involved and the percentage of loss of function.
This is where most disputes happen. The carrier’s doctor will assign a low percentage; your own medical expert will assign a higher one; the Judge of Compensation decides. The difference between a 15% and a 30% permanency rating can be tens of thousands of dollars. You need a lawyer who knows how to present the medical evidence.
Permanent Total Disability Benefits
If your injury leaves you unable to return to any gainful employment, you are entitled to permanent total disability — 70% of your average weekly wage for 450 weeks, and potentially for life if the disability continues (N.J.S.A. 34:15-12(b)). Certain injuries — loss of two major body parts, for example — are presumed totally disabling. Others must be proven through medical and vocational testimony.
Death and Dependency Benefits
When a worker dies from a job-related injury or illness, N.J.S.A. 34:15-13 provides weekly benefits to surviving dependents (a spouse, minor children and in some cases dependent parents) calculated at 70% of the worker’s wages, plus funeral expenses up to the statutory limit. Families in this situation should also speak with us about a possible wrongful death claim against any responsible third party.
Deadlines That Can Destroy Your NJ Workers' Comp Claim
New Jersey imposes strict time limits, and the insurance carrier will use every missed deadline against you.
- Notice to your employer — 14 days. Under N.J.S.A. 34:15-17, you should notify your employer of a work injury within 14 days. Notice given within 90 days may still be accepted if the delay was excusable, but after 90 days the claim is barred. Report every injury in writing, even if it seems minor.
- Claim petition — 2 years. A formal Claim Petition with the Division of Workers’ Compensation must be filed within two years of the date of injury, or within two years of the last payment of compensation, whichever is later (N.J.S.A. 34:15-51). If the carrier has been paying benefits voluntarily, the clock runs from the last check — a trap for workers who assume their claim is “open.”
- Occupational disease — 2 years from knowledge. For conditions that develop over time — carpal tunnel, occupational asthma, hearing loss, repetitive strain injuries — the two years run from the date you knew the nature of the condition and its relationship to your work (N.J.S.A. 34:15-34).
- Third-party lawsuit — 2 years. A personal injury claim against a negligent third party must be filed within two years of the injury under N.J.S.A. 2A:14-2, regardless of the status of your comp case. If a public entity is involved, a Tort Claims Act notice is due within just 90 days (N.J.S.A. 59:8-8).
If any of these deadlines is approaching, call us today. We can file within days.
Denied Workers' Comp Claim in New Jersey? Here's What We Do
Carriers deny claims for predictable reasons: the injury “did not happen at work,” it was a “pre-existing condition,” you “did not report it in time,” you were an “independent contractor,” or you were “intoxicated” or “horsing around.” Most of these denials do not hold up.
When a claim is denied or benefits are cut off, we file a Claim Petition with the Division of Workers’ Compensation in the vicinage where you live or work. Your case is assigned to a Judge of Compensation. Along the way we can file a Motion for Medical and Temporary Benefits — an expedited proceeding to get you treatment and wage replacement while the larger case is pending — and, in emergencies, an emergent motion heard within days.
We gather your medical records, secure an independent evaluation from a qualified medical expert, depose the carrier’s doctor if necessary, and either negotiate a resolution or try the case before the judge.
Two types of settlement are common in New Jersey:
- An Order Approving Settlement (N.J.S.A. 34:15-22) pays your permanency award and leaves the case open for two years for re-opener if your condition worsens — and keeps medical benefits available.
- A Section 20 settlement (N.J.S.A. 34:15-20) is a lump-sum, full-and-final resolution with no right to re-open. It can be appropriate where liability is genuinely disputed, but it closes the door on future medical care. Never sign one without advice.
Can I Sue My Employer in New Jersey? Third-Party Claims Explained
Under N.J.S.A. 34:15-8, workers’ compensation is generally your exclusive remedy against your employer and co-workers — you cannot sue them for negligence. The one exception is an “intentional wrong,” a demanding standard that New Jersey courts reserve for conduct where the employer knew injury was substantially certain to result.
But the exclusivity bar protects only your employer. Anyone else who caused your injury can be sued, and N.J.S.A. 34:15-40 expressly preserves that right. Common third-party defendants include:
- Negligent drivers who hit you while you were driving for work, making deliveries or working roadside. Read more on our New Jersey car accident lawyer and truck accident pages.
- General contractors, subcontractors and property owners on construction sites, where multiple companies share responsibility for safety. See our New Jersey construction accident lawyer page.
- Equipment and machinery manufacturers whose defective products — missing guards, faulty lifts, exploding batteries — caused the injury. See product liability.
- Property owners of the premises where you were working — a client’s warehouse, a customer’s home, a commercial building — under premises liability law.
A third-party claim recovers what comp does not: full lost wages (not 70%), pain and suffering, loss of enjoyment of life, and your spouse’s loss of consortium. Note that under Section 40, the comp carrier holds a lien on the third-party recovery for benefits it paid, less its share of fees and costs. We handle both claims together so the lien is negotiated down and your net recovery is maximized.
Common Workplace Injuries We Handle
- Back, neck and spinal injuries (herniated discs, fusion surgery)
- Shoulder, knee and rotator cuff tears
- Fractures and crush injuries
- Traumatic brain injuries and concussions
- Repetitive stress injuries (carpal tunnel, tendinitis)
- Burns, electrocutions and chemical exposure
- Occupational diseases (asbestos, silica, hearing loss, occupational asthma)
- Falls from ladders, scaffolds and roofs
- Forklift, warehouse and loading-dock accidents
- Injuries to nurses, home health aides and hospital workers
- Motor vehicle crashes while on the job
- Aggravation of pre-existing conditions
Who Is Covered by New Jersey Workers' Compensation?
Nearly every New Jersey employer must carry workers’ compensation insurance or be approved for self-insurance (N.J.S.A. 34:15-71). Coverage applies from the first day of employment and extends to full-time, part-time, seasonal and most temporary workers. Undocumented workers are covered. Employers frequently misclassify employees as “independent contractors” to avoid the obligation; New Jersey applies a control-based test that often brings those workers back inside the Act.
If your employer had no insurance, benefits may be available through the Uninsured Employer’s Fund (N.J.S.A. 34:15-120.1), and the employer can face criminal penalties.
Your employer cannot fire, demote or otherwise retaliate against you for filing a workers’ compensation claim (N.J.S.A. 34:15-39.1). If that happens, you have a separate claim for damages.
How a New Jersey Workers' Compensation Claim Works
- Report the injury to a supervisor immediately and in writing. Ask for the carrier’s authorized doctor.
- Get treatment and follow the doctor’s orders. Keep copies of every record, work note and restriction.
- The carrier investigates and either accepts or denies the claim, usually within 21 days.
- We file a Claim Petition if benefits are denied, delayed, underpaid, or when you reach maximum medical improvement and a permanency award is owed.
- Pre-trial conferences and medical evaluations follow. Most cases resolve by negotiated Order Approving Settlement.
- Trial before a Judge of Compensation if the carrier will not pay what the injury is worth.
Most claims resolve within 12–24 months of filing; emergent medical and temporary benefits can be obtained far sooner.
Serving Injured Workers Across New Jersey
From our East Brunswick office we represent workers throughout Middlesex, Monmouth, Somerset, Union, Mercer and Essex counties and statewide, including New Brunswick, Edison, Woodbridge, Perth Amboy, Old Bridge, Sayreville, Piscataway, Newark, Elizabeth and Trenton. The Division of Workers’ Compensation hears cases at vicinages across the state; we appear in all of them.
Talk to a New Jersey Workers' Compensation Lawyer Today
Don’t let the insurance carrier decide what your injury is worth. Call Ibrahim Injury Law at (844) 315-4878 or contact us online for a free, confidential consultation. We will review your claim, explain your options — including any third-party case — and tell you exactly what we can do. No fee unless we win.
