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Guide · After a specific accident · New Jersey

Hurt at work in New Jersey: workers' comp or a lawsuit?

Updated By Spencer, editorEvery fact cites a source

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. 34:15-17

Against 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. 34:15-17

Against 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.

Your employer and co-workersWorkers' comp, generally

No lawsuit, except for an intentional wrong.

An outside partyA claim is allowed

Comp benefits don't bar it. The general deadline to sue is 2 years.

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; N.J.S.A. 2A:14-2(a)

The deadlines

  1. Tell your employerN.J.S.A. 34:15-17Within 14 days
  2. No comp without notice or knowledge afterN.J.S.A. 34:15-1790 days
  3. File the comp claim petitionN.J.S.A. 34:15-512 years after the accident or the last payment
  4. Sue an outside party, in generalN.J.S.A. 2A:14-2(a)2 years
  5. A claim against a public entityN.J.S.A. 59:8-8Notice 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; N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

When it's worth asking a lawyer

  1. 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
  2. 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
  3. 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
  4. 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

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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