201-880-7213

News & Articles

The Statute of Limitations in New Jersey Medical Provider Claims

The Division Of Workers’ Compensation’s jurisdiction includes medical fee disputes arising from New Jersey workers’ compensation claims.N.J.S.A. 34:15-15 states:

“Exclusive jurisdiction for any disputed medical charge arising from any claim for compensation for a work-related injury or illness shall be vested in the division.”

As evidenced by its situation inside of the New Jersey Workers’ Compensation section of the New Jersey Labor Statute, this provision is meant to apply to all New Jersey Workers’ Compensation claims.

Prior to the November 19, 2012 amendment to the New Jersey Workers Compensation Act (N.J.S.A. 34:15-15), the statue of limitations for fee disputes was set by N.J.S.A. 2A:14-1 as per Medical Diagnostic Assocs. v. Hawryluk, 317 N.J. Super. 338, 349 (App. Div. 1998), cert. denied, 160 N.J. 89 (1999). Under N.J.S.A. 2A:14-1, recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.”

The 2012 amendment granted the New Jersey Division of Workers’ Compensation “sole” discretion over fee disputes arising out of Workers’ Compensation matters. The amendment, in using the language “sole” discretion over fee disputes, intended to include all issues arising from a medical fee dispute, which should include the filing of a claim in a timely matter. Where the Applicant files a Medical Provider Application with the Division of Workers’ Compensation, the New Jersey Workers Compensation Act should apply as to all aspects of the claim.

Under the New Jersey Workers Compensation Act every claimant must file a petition in a matter prescribed by regulation, within two years after the date of which the accident occurred, or within two years after the failure of the employer to make a payment pursuant to the terms of such agreement. N.J.S.A. 34:15-51. Any claim, which is filed after the two-year statutory period noted in 34:15-41 should be forever barred. N.J.S.A. 34:15-41.

The Statute of Limitations for a New Jersey Medical Provider Claim is two years from the date the medical care was rendered consistent with the Act.

Download the New Jersey Workers’ Compensation Law Handbook

Download Our New Jersey Workers’ Compensation Law Handbook

This is the 2023 edition of Greg Lois’New Jersey Workers’ Compensation Law Handbook.”

THE MOST PRACTICAL, up-to-date, and easy-to-understand guide to workers' compensation claims in New Jersey. This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers, and vocational rehabilitation workers. This guide is written in plain English by a New Jersey State attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions including 2021 & 2022 cases; and a full description of current practice.

Download Now

Learn More About New Jersey Workers’ Compensation Defense at LOIS

For more than 20 years we have represented insurance carriers, self-insured employers, third party claim administrators, and employers before New Jersey’s Division of Workers’ Compensation. Our founding partner, Gregory Lois, is co-author of the LexisNexis “Practice Guide to Workers’ Compensation in New Jersey” (2017, ISBN:9781632838735) and served as Law Clerk to Hon. Joan Mott, Administrative Supervisor of Workers Compensation.

Along with managing partner Greg Lois and a dedicated team of experienced attorneys and paraprofessionals, we handle New Jersey cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. The attorney/paralegal assignments are made based on the court the case will be listed in.

Learn More

Get articles delivered to your inbox, once a month.

Subscribe Today!