Disclaimer: This article is for informational purposes only and does not provide legal advice.
Detailed Answer
After an injury, you can recover lost wages from each employer for time you missed at work. In New Jersey, you have two common pathways: workers’ compensation and personal injury claims.
1. Workers’ Compensation Claims
If your injury arises out of and in the course of employment, file a workers’ compensation claim under New Jersey’s Workers’ Compensation Act, N.J. Stat. § 34:15-1 et seq. (34:15-1). You must:
- Report the injury in writing to each employer within 90 days.
- Obtain medical treatment from a provider approved by the employer or insurer.
- Complete and file Form WC-1 with the Division of Workers’ Compensation for each employer’s insurer.
- Submit pay records or wage statements showing hours and earnings for the period you missed.
The insurer calculates lost wages at two-thirds of your average weekly wage, subject to statutory minimums and maximums. You may file separate claims if you held two or more part-time jobs or concurrent positions.
2. Personal Injury Claims
If a third party caused your injury—such as a negligent driver—you can pursue a tort claim. Include lost wages from all jobs as part of your economic damages. To do so:
- Collect pay stubs, W-2s, tax returns, and employer statements for each job.
- Work with a certified public accountant or vocational expert to calculate past and future wage losses, especially if your earning capacity changed.
- Demand payment in your settlement letter or file a lawsuit. New Jersey courts allow recovery for “earnings lost” under N.J. Court Rule 4:42-9(a)(3).
Key Deadlines and Procedures
- Workers’ compensation: begin within two years of the injury date under N.J. Stat. § 34:15-25 (§ 34:15-25).
- Personal injury: file suit within two years under N.J. Stat. § 2A:14-2 (§ 2A:14-2).
Accurate records make your claim stronger. Missing deadlines can bar your recovery.
Helpful Hints
- Keep copies of all medical and wage records in one file.
- Notify each employer separately in writing as soon as possible.
- Track your weekly symptoms to prove work restrictions.
- Request duplicate pay stubs from payroll if you lack originals.
- Consult a qualified attorney if the insurer denies or underpays your claim.