You hurt your back lifting something heavy at work, slipped on a wet floor, or injured your shoulder while doing your job. You told your supervisor what happened, expecting the company to report the injury so you could get medical treatment.
Instead, your boss tells you to wait a few days and see if you feel better. Maybe they insist the injury wasn't work-related, say there's no need to involve workers' comp, or stop responding when you ask about filing a report.
Now you're still in pain, worried about missing work, and wondering whether you can get help without your employer's cooperation.
In New Jersey, you can still pursue workers' compensation benefits even if your employer refuses to report your injury. Your employer does not have the final say over whether you qualify. You can contact the workers' compensation insurance carrier directly or pursue a claim through the state.
Can Your Employer Refuse to Report a Workplace Injury in NJ?
When you report a work-related injury, your employer should promptly notify its workers' compensation insurance carrier or third-party administrator, if it uses one. The carrier or administrator generally handles the required reporting to the New Jersey Division of Workers' Compensation.
Under New Jersey law, a First Report of Injury is generally required when an injury causes you to miss work beyond the day of the accident, requires medical treatment beyond ordinary first aid, or involves an occupational disease.
Your employer might argue that the accident was your fault, that your injury isn't serious enough to report, or that you should use your own health insurance. But being blamed for an accident or having your injury questioned does not automatically disqualify you from workers' compensation benefits.
The insurance carrier, or the employer if it is self-insured, evaluates whether the injury is covered. If there's a disagreement, the workers' compensation system provides procedures for resolving it.
An employer's refusal to report an accident is not the same as a denial of your claim. It may delay the process, but it does not eliminate your right to seek benefits.
What Can You Do if Your Employer Won't Report Your Work Injury?
If you've told your employer about your injury but nothing is happening, you don't have to keep asking the same supervisor for permission to move forward.
Put Your Injury Report in Writing
Perhaps you told your supervisor about the accident immediately, but the conversation happened privately. Now your employer claims you never reported it.
New Jersey allows employees to report workplace injuries verbally. Still, written documentation can make a difference if your employer later disputes what happened.
Send a follow-up email or written message identifying the date, location, and circumstances of the injury. Include whom you originally notified and whether you've requested medical care.
Save any responses, along with relevant text messages, photographs, witness information, and medical records.
You want a clear record showing that your employer knew about the injury, even if the company never completed its own report.
Contact Your Employer's Workers' Compensation Insurance Company
You can contact the workers' compensation insurance carrier directly if your employer refuses to report the accident.
Explain when and how you were injured, identify your employer, and ask how to report the injury and begin the claims process. Keep a record of whom you spoke with, when you contacted the company, and what you were told.
If you don't know which insurance company covers your employer, ask human resources for the information or check the workers' compensation notice posted at your workplace. If you still can't find the information, you can contact the New Jersey Compensation Rating and Inspection Bureau or the Division of Workers' Compensation for assistance.
The Division specifically identifies contacting the insurer as an option when an employer refuses to report an accident.
Consider Filing a Claim With the State
If your employer continues to ignore the injury or the insurance company disputes your claim, you can seek assistance through the New Jersey Division of Workers' Compensation.
Depending on the circumstances, you can request an informal hearing or file a formal Claim Petition to address the dispute.
An informal hearing allows a workers' compensation judge to review the dispute and recommend a resolution. A formal Claim Petition initiates proceedings in which a judge can decide contested issues involving benefits and treatment.
You do not need your employer's permission to pursue these options.
A New Jersey workers' compensation lawyer can evaluate what's preventing your claim from moving forward and help you determine the appropriate next step.
What if You Need Medical Treatment but Your Employer Won't Help?
For many injured workers, the biggest concern isn't the missing accident report. It's that they need medical care and nobody is telling them where to go.
Maybe your back pain has gotten worse, you can't lift your arm normally, or your doctor has told you to stop working. Meanwhile, your employer refuses to authorize treatment.
In New Jersey, employers and their workers' compensation insurance carriers generally have the right to select the medical providers who treat work-related injuries.
If you need emergency care, don't delay necessary treatment while waiting for authorization. For nonemergency care, request treatment promptly and document any refusal.
If your employer improperly refuses or neglects to provide necessary medical treatment, New Jersey law permits you to seek care from a doctor of your choosing. Whether the employer or insurer must cover those expenses depends on the circumstances, including the necessity of the treatment and the employer's failure to provide it.
An attorney can also file a Motion for Medical and Temporary Benefits through the Division of Workers' Compensation, asking a judge to resolve a dispute over necessary medical treatment or temporary disability benefits.
If your work-related injury prevents you from working for more than seven days while you're receiving necessary medical treatment, you may also qualify for temporary disability benefits to replace part of your lost wages. The seven days do not have to be consecutive.
Can You Get Fired for Reporting a Work Injury in New Jersey?
You might know that you need to report your injury but hesitate because you're afraid of upsetting your boss.
Perhaps your supervisor has warned you that filing workers' comp will cause problems for the company. Maybe you're concerned about losing hours, being taken off the schedule, or getting fired.
Under N.J.S.A. 34:15-39.1, New Jersey employers cannot legally fire you, reduce your hours, or otherwise discriminate against you because you claimed or attempted to claim workers' compensation benefits.
This protection does not prevent an employer from terminating someone for legitimate reasons unrelated to a workers' compensation claim.
If your employer threatens your job or changes your working conditions after you report an injury, preserve relevant communications and records of what happened.
How Long Do You Have to Report a Work Injury in NJ?
Your employer's refusal to cooperate does not stop New Jersey's workers' compensation deadlines.
You should notify your employer as soon as possible after a workplace accident. Under N.J.S.A. 34:15-17, giving notice within 14 days, or ensuring your employer is aware of the injury, helps avoid delays in receiving workers' compensation benefits.
If you notify your employer, or your employer otherwise learns about the injury, within 30 days, defects in the notice generally won't prevent compensation unless the employer can show it was prejudiced.
Notice within 90 days can still be sufficient if the delay resulted from a mistake, an inability to report the injury, or another legally recognized reason. Whether the employer was prejudiced by the delay also matters.
A different deadline applies to filing a formal Claim Petition.
Generally, you have two years from the date of injury or the last payment of compensation, whichever is later, to file. Employer-authorized medical treatment can count as a payment of compensation.
An informal hearing application does not stop that two-year deadline from running.
This is particularly important when your employer keeps promising to handle the paperwork but never does. Waiting for the company to act could put your ability to pursue benefits at risk.
Employer Refusing to Report Your Injury? Cohen & Riechelson Can Help
You reported your injury because you needed medical care and a way to support yourself while recovering. You shouldn't have to spend weeks chasing your employer for answers about an accident that happened while you were working.
At Cohen & Riechelson, our attorneys have represented injured workers in New Jersey for decades. We can review how your employer handled your injury report, help you navigate the workers' compensation claims process, and pursue benefits when an employer or insurance carrier refuses to cooperate.
Our firm represents injured workers in Hamilton, Trenton, Princeton, and throughout Mercer County and surrounding New Jersey communities.
If your employer won't report your workplace injury, contact Cohen & Riechelson for a free consultation. Our team can help you understand your rights and determine the next steps toward pursuing the benefits you need.
Disclaimer: This blog is provided for informational purposes only and should not be construed as legal advice. Reading this content does not create an attorney-client relationship. For guidance regarding your specific legal matter, please contact our office to discuss your situation.