New Jersey law requires that a claim for compensation must be filed within two (2) years of either the date of accident OR last compensation paid. The date of accident is an obvious event but what does the last compensation paid mean?
Sooner or later the workers’ compensation doctor will conclude that no additional treatment will improve your injury and you will be discharged from care and commonly directed to return to work, with or without physical restrictions. If you have been receiving workers’ compensation temporary disability benefits, the payments will stop and your workers’ compensation claim will be closed by the workers’ compensation insurance company. This is a critical point because the two (2) year statute of limitations starts to run when you last receive medical treatment for your work injury or receive you last payment of compensation. If you do not file a claim for your work injuries within the two (2) period, you case will close forever and you will not be able to do anything about. Therefore, it is highly recommended that you consult with a New Jersey Workers’ Compensation attorney to discuss your legal rights.