Hurt at work in New Jersey: workers' comp or a lawsuit?
In New Jersey, workers' compensation is generally your only remedy against your employer and co-workers, except for an intentional wrong. You can still bring a claim against an outside party who caused the injury. Tell your employer within 14 days, and file a comp claim petition within 2 years. Checked October 11, 2026.
Sources: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17Against your employer: workers' comp
If an injury is covered by workers' compensation, your employer and co-workers generally can't be sued for it. The exception is an intentional wrong.
Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17Against someone else: a claim is still allowed
Workers' comp doesn't stop a claim against an outside party who caused the injury. That could be another driver on a work trip, or another company on a construction site.
No lawsuit, except for an intentional wrong.
Comp benefits don't bar it. The general deadline to sue is 2 years.
The deadlines
- Tell your employerN.J.S.A. 34:15-17Within 14 days
- No comp without notice or knowledge afterN.J.S.A. 34:15-1790 days
- File the comp claim petitionN.J.S.A. 34:15-512 years after the accident or the last payment
- Sue an outside party, in generalN.J.S.A. 2A:14-2(a)2 years
- A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days
When it's worth asking a lawyer
- Someone other than your employer caused itA claim against an outside party is allowed alongside comp.Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
- You didn't tell your employer right awayComp may not be due until notice is given, and none is allowed without notice or knowledge within 90 days.Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
- A town, a county or a State agency is involvedWritten notice of a claim against it is due within 90 days.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
- You were hurt on a construction siteIf a company other than your employer caused it, a claim against that company is still allowed.Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
Sources
- N.J.S.A. 34:15-8Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 34:15-40Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 34:15-51Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 34:15-17Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked .
General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.
What to do next
- Next questionNew Jersey's deadlines to sue for an injuryThe general deadline to sue an outside party, with the dates worked out.
- Thinking about a lawyer?Do I need a lawyer after a car accident in New Jersey?When a consultation tends to help, and when people handle a claim alone.
- Compare firmsWorkplace injury lawyers, ranked on public recordsCompare before you call. No firm pays to rank.Jersey City
Questions people ask
Can I sue my employer for a work injury in New Jersey?
Generally no. Workers' compensation is the remedy against your employer and co-workers, except for an intentional wrong.
Can I sue a third party if I'm getting workers' comp in New Jersey?
Yes. A right to workers' compensation doesn't bar a claim against an outside party who caused the injury.
How long do I have to report a work injury in New Jersey?
Tell your employer within 14 days. Without notice or the employer's knowledge within 90 days, no compensation is allowed.
How long do I have to file a workers' comp claim in New Jersey?
File the claim petition within 2 years after the accident, or after the last compensation payment if some was paid.
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