I was injured on the job in another state. However, I have always lived in New Jersey. Does the fact my home is here allow me to file my workers’ compensation claim in New Jersey?

The answer to this question is no, unless other facts are present which allow the New Jersey Workers’ Compensation court to hear your claim.  Merely living in New Jersey is not sufficient. Generally, for New Jersey to have jurisdiction over a compensation claim at least one of three tests must be met: 1. The injury occurred in New Jersey; 2. The employee was hired in New Jersey; or 3. The employee lives in New Jersey AND there are sufficient employment contacts in New Jersey. As you can see these are fact-sensitive and it is not always apparent whether sufficient contacts or facts exist to allow a claim to be filed in New Jersey. Anyone with these questions should call the experienced Workers’ Compensation attorneys here at Stark & Stark. 

Al Vitarelli is a Shareholder in Stark & Stark’s Marlton, New Jersey office, specializing in Workers’ Compensation Law. For more information, please contact Mr. Vitarelli.