Can I Still File a New Jersey Workers’ Comp Claim if My Injury Wasn’t Noticed Immediately?
You finish a shift thinking you are fine, maybe just a little shaken after an accident or noticing a familiar ache from the repetitive tasks you do every day. Days later, pain or other symptoms begin to surface. Now you are wondering if it could be connected to your job and whether it might be too late to say something.
If this sounds familiar, you are not alone. Many workers across New Jersey assume the discomfort they feel will pass, only to discover, sometimes years later, that they are dealing with a slowly progressing work injury or an occupational illness. At Bramnick Law, we understand the worry and frustration that comes when an injury does not reveal itself right away.
Whether the cause is a sudden workplace accident you initially brushed off, repetitive strain that built up over months or years, or health problems from prolonged exposure to hazardous conditions, the uncertainty of a delayed-onset injury can be overwhelming. You may be concerned about how this will affect your long-term health, your ability to meet your financial obligations, and whether you can still seek benefits or pursue other forms of compensation.
In this blog, we explain the rules for notifying your employer, how timing can affect a New Jersey workers’ comp claim, and the practical steps you can take to protect your rights moving forward.
Filing a Workers’ Compensation Claim Late in NJ: What the Law Says
Under New Jersey law (N.J.S.A. 34:15-17), injured workers should ideally notify their employer within 30 days of the accident or when they become aware of the injury, but they may have up to 90 days if the employee has a reasonable cause or excuse for the delay, including inability to provide notice more promptly. This notice can be given orally or in writing and should be provided to a supervisor, manager, or another authorized representative.
Key points to consider:
- You do not need the full medical diagnosis before reporting. You only need to let your employer know you were hurt and believe it is work-related.
- The 90-day period often starts when you knew or reasonably should have known the injury was connected to your workplace accident.
- Some conditions, such as repetitive stress injuries or occupational illnesses, may take time to develop. In those cases, the notice period is measured from the date of discovery, not the date of first exposure.
Understanding these notice rules is important because they protect your right to receive NJ workers’ compensation benefits.
Typical Reasons Workplace Injuries Might Be Discovered Late
Many work-related injuries and illnesses have delayed or hidden symptoms. Examples include:
- Soft tissue injuries that worsen over time.
- Back, neck, or joint injuries that seem minor at first but become more severe with continued activity.
- Concussions or mild traumatic brain injuries in which symptoms develop hours or days later.
- Occupational illnesses caused by long-term exposure to harmful substances.
Because these conditions can take time to appear, New Jersey law allows for flexibility when the injury is not immediately apparent.
Steps to Take If You Suspect a Delayed Workplace Injury
If you believe your injury is related to your job but symptoms have only recently appeared, you should:
- Report it immediately to your employer, even if you are not certain of the exact cause.
- Seek medical attention promptly and let your doctor know the injury may be work-related.
- Document everything, including when you first noticed symptoms, the job duties you performed, and any prior incidents.
- Consult a NJ workers’ compensation attorney to make sure your rights are protected and deadlines are met.
The sooner you act, the stronger your position will be if your employer or their insurance company disputes your claim.
How an NJ Workers’ Comp Lawyer Can Help Protect Your Rights
Workers’ compensation insurance carriers sometimes dispute or deny claims, particularly when there is a delay between the accident and the report. An experienced attorney can:
- Gather and preserve evidence showing the injury is job-related.
- Ensure you meet all notice and filing deadlines.
- Challenge denials and pursue benefits you are entitled to under the law.
- Represent you in hearings before the Division of Workers’ Compensation if needed.
At Bramnick, Grabas, Arnold & Mangan, LLC, we have decades of experience helping workers throughout New Jersey pursue the benefits they are entitled to after an injury, whether symptoms appear immediately or develop over time.
Don’t Wait to Get the Help You Need
In many cases, you can still file a NJ workers’ comp claim if your injury was not noticed right away. Acting quickly once you recognize the problem, getting proper medical documentation, and notifying your employer within the required timeframe can make all the difference.
Speak with a New Jersey Workers’ Compensation Lawyer Today
If you’re starting to feel pain or other symptoms you think may be work-related, even if the injury didn’t appear right away, don’t wait to get legal advice. The sooner you act, the better your chances of protecting your health and your rights.
At Bramnick, Grabas, Arnold & Mangan, LLC, known to many as Bramnick Law, we handle both personal injury and workers’ compensation cases for clients in Newark, Clifton, Cherry Hill, and throughout New Jersey. Our team works to protect your rights, pursue the benefits you may be entitled to under New Jersey law, and manage the legal process so you can focus on your recovery and your family.
If you need help with an NJ workers’ comp claim, contact our team for a free consultation. We’ll review your situation, explain your options, and stand up for you if your claim is challenged. Call us now or fill out our online form to get started.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship with Bramnick, Grabas, Arnold & Mangan, LLC. Workers’ compensation laws vary, and you should consult a qualified attorney about your specific situation.