Worker's Compensation FAQ'S

The following questions are those most frequently asked by injured workers about their New Jersey Workers' Compensation claims

Q. What should be done first, in the event of an injury at work? 


  • A.  An injured employee should report the accident to the employer immediately, or as soon as he or she is able. The employee should seek the employer’s authorization to see a doctor of its own choosing, to obtain necessary medical treatment. In an emergency, the employee should not wait but, rather, should just go to the emergency room, and notify the employer as soon as possible. Any request for further treatment should first be made through the employer, to obtain authorization.  

  • Q.  Why can't I choose my own doctor?  

  • A.  New Jersey Workers’ Compensation law says that the employer must pay for reasonable and necessary medical treatment, resulting from injuries caused by work. Since the employer is paying the bills, the employer is also given the right to choose the doctor. Any employee who goes to a doctor of his or her own choosing is at risk of being responsible for the bills. In some situations, the employer or its workers' compensation insurance company may authorize a doctor of the employee’s own choosing.  

  • Q.  What kind of compensation will I receive, while I am out of work?  

  • A.  If an employee is out of work for more than seven days in a row because of a work injury, he or she should receive 70% of gross weekly pay, as of the date of the injury, up to the State maximum, $903.00 per week for the year 2018, whichever is less. This is called "temporary" compensation.  

  • Q.  If my Workers’ Compensation claim is denied, should I apply for unemployment benefits?  

  • A.  No. Unemployment benefits are for those who are actively seeking work and are able to work. An employee may, however, be entitled to receive weekly disability payments from the State of New Jersey, Division of Temporary Disability Insurance. In a contested Workers’ Compensation case, you should apply for State Temporary Disability Benefits.  

  • Q.  How much time do I have to file a workers' compensation claim?  

  • A.  You have two years from the last date that the employer– or the workers' compensation insurance company– pays a medical bills or "temporary" compensation . If no medical bills or temporary compensation were paid, then you have two years from the date of the accident.

  • Q.  What other types of benefits are available?  

  • A.  After you finish your medical treatment for the injury, you become eligible to receive a settlement for any permanent injury.  

  • Q.  Can I sue for pain and suffering?

  • A.  The New Jersey Workers’ Compensation case itself is limited to three types of payments: (1) medical bills; (2) temporary compensation; and (3) any permanent disability. It does not allow for any payment for pain and suffering.  In some cases an additional claim, over and above the Workers’ Compensation claim, may be filed against another party, if they are someone who may be responsible for causing a work-related injury. This is known as a "Third Party" claim.  A "third party" is someone, other than the employer or a co-worker, who may be responsible for the employee’s injuries– usually, because of their negligence. The two most common examples of a potentially responsible "third party" are: the driver of another motor vehicle, when the employee is involved in an accident while driving for the employer; and the manufacturer of defective equipment, which causes an injury. In either of these two examples, an injured employee may collect damages, for any pain and suffering, from a responsible third party.  However, in the event that there is a "third party" recovery, the employer’s Workers’ Compensation Insurance Company will be entitled to receive an "offset", or reimbursement (in the approximate amount of two-thirds), for any payments which it makes for the employee’s medical bills, temporary compensation or permanent disability.  

  • Q.  Can I receive workers’ compensation benefits even if the accident was my fault?  

  • A.  Yes. As long as the accident occurred because of your work, it should not matter if it was caused by you, a co-worker, or your employer.   
    The above "frequently asked questions" and answers are intended to provide a brief overview of the rights and obligations of the employee and the employer when there is a work-related injury due to an on-the-job accident. This general information is not intended to be legal advice, and does not apply equally in all situations. If there is any question whatsoever, appropriate legal advice should be sought. Please feel free to contact this office for an initial consultation at no cost.


Helpful References


We work with our clients to provide access to information concerning all of the latest developments in Workers' Compensation law, as they are posted on the official State of New Jersey websites in these areas.  The official statute, located in the New Jersey State Legislature's "New Jersey Permanent Statutes Database". (This is an external website maintained by the State of New Jersey Office of Legislative Services.) Navigate to Title 34 and click on the collapsible outline to begin.
NJ Title 34: Labor and Workers' Compensation

New Jersey Department of Labor, Division of Workers' Compensation
The official website of the NJ Department of Labor Worker's Compensation Division. Find links to Worker's Compensation news and the latest on laws and regulations. (This is an external website maintained by the State of New Jersey Department of Labor).

Information Regarding the Adoption of a Child


Labor & Employment Law Outline

WIlls, Estates, Trusts , Living Wills/Health Care Directives, Power of Attorney

The general information which is available through the above links is not intended to be legal advice, and does not apply equally in all situations. If there is any question whatsoever, appropriate legal advice should be sought. Please feel free to contact this office for an initial consultation at no cost.


  • When you need the services of a quality Attorney, and you are looking for personal attention, you need to talk to Craig Kozan. When you first visit, you will find him very attentive and detail oriented. His advice is always crystal clear. You never leave his office unsure about what the goals are and how they will be achieved. 

    On your behalf, he can be as hard nosed as any Attorney. His record demonstrates that. But just as important, he is a good negotiator and will not let emotions cloud the environment.

    For me he has handled Wills, Refinancing and Real Estate Closings. I have referred my clients to him for advice on a wide range of issues including Credit Remediation, Bankruptcy and Employment Issues.
    He is also a man that gives back to the community, sponsoring sports teams and contributing to numerous local philanthropic causes.

     ~ Wayne Odenbrett, Real Estate Professional, ReMax Superior 

  • Craig exposes professional determination as he aspires and attains success in those matters that he advocates for in the field of law. I have had the unique opportunity to see his creative legal enthusiasm result in very advantageous results for his clients.

    ~ Jon Gelman, Esq.
  •  I have known Craig Kozan since high school. He is the consummate professional - cogent, able to express himself clearly and thoughtfully, while always thoroughly prepared for whatever situation is presented. Craig's sense of humor and strong background serve as a foundation for his daily challenges. In the past I have worked with him on both individual and team projects - he is equally strong in either setting. Craig has my highest endorsement and recommendation.

    ~ Marjorie Reiter, Health Care Administrator

  • Craig is a rare combination of diligent and talented, and he approaches his work with great focus and integrity. He also has a terrific sense of humor, which makes him invaluable as a colleague. I regret that I do not have more opportunities to work with him.

    ~ Christina Strong, Esq.

  • I have known Mr. Kozan for over twenty years. I have observed him to be intelligent, dedicated, and extremely resourceful. In the practice of law, perhaps the most important quality a lawyer can demonstrate is to care about each and every client. I believe Craig is that type of lawyer and I recommend him without reservation.

    ~ Rajat K. Gupta, CPA, Esq., Lawyer, Law Office of Rajat K. Gupta, Esq.

  • Mr. Kozan won my husband 1.3 million dollars in a lawsuit which no other lawyer would take. In fact, they all said that this case was impossible to win. Mr. Kozan sued my husband's employer for exposing him to toxic chemicals on the job. You can read about the case (click here to view online). Mr. Kozan explained to us that the case would be very difficult and would take a long time to resolve. He told us exactly what to expect, at every step of the way, and prepared us for everything that happened. He did what everyone said could not be done, and surpassed our highest expectations. I would recommend to everyone that they place their full trust in Mr. Kozan for any legal issue they may have.

    ~ C.H., Client

  • Mr. Kozan won on summary judgment, in a class action lawsuit alleging an entitlement to 14 million dollars-- meaning that the case never even had to go to trial. Not only that, but this case centered upon complicated issues involving the "demutualization" of the Prudential Insurance Company, "conversion" of funds, and whether or not retirees can sue their former Unions for actions which are taken after they retire. Mr. Kozan showed a mastery of these issues-- involving contract, labor, and insurance law to which most other lawyers have never even been exposed. Mr. Kozan personally and single-handledly undertook an exhaustive amount of investigation-- including multiple depositions, etc. to bring facts to light which supported his position as to these legal issues. Mr. Kozan argued all these issues before the Court brilliantly, and in the most persuasive manner possible.



  • Workers' Compensation
  • Labor & Employment Law
  • Personal Injury
  • Toxic Torts and Products Liability
  • Occupational Injuries and Diseases
  • Social Security Disability
  • Adoptions
  • Mediations
  • Wills & Estates

    Witham and Kozan, P.A., is a full service law firm, representing its clients through all phases of their legal claims, from intake, through investigation and "discovery," and on to settlement or litigation, if necessary. We are experienced attorneys in negotiations, and at the trial and appellate levels. We enjoy an excellent relationship with the New Jersey Workers' Compensation bench and bar. 
    Our Rates
    Our rates our extremely favorable when compared those charged by other law firms providing similar services in the New Jersey area. We pride ourselves on providing surpassing value to our clients.  We have a skilled and dedicated staff but, at the same time, we are a smaller and streamlined firm, which allows us to operate at a lower overhead, resulting in significant cost savings to our clients.

    Our Staff
    We have a knowledgeable paralegal staff capable of answering a wide range of questions, so as to economize on billable attorney time. As an additional service to our clients, we will come on-site to our clients' facilities and present a free seminar and instructional materials on the cost-efficient handling of Workers' Compensation cases in New Jersey, as well as provide our clients with periodic updates on the current status of New Jersey's Workers' Compensation law.

    A Rich History
    The firm was founded by Francis P. Witham, Esq., who practiced law for 42 years in New Jersey in the areas of Worker's Compensation, Insurance Defense Litigation, Real Estate, Wills, Estates, & Trusts, until his passing in December 1999. Mr. Witham established a continuing tradition of superior knowledge of Worker's Compensation law, coupled with exceptional honesty, integrity, and commitment to service. As a result, this law firm enjoys the enduring loyalty of a number of well-respected corporate and individual clients. The law firm prides itself on being 100% accessible to all our clients while providing efficient, economical, and conscientious legal representation.

    Our Credentials
    Craig Kozan, Esq.,
    has been admitted to the bars of New Jersey, New York and the U.S. Military Court of Appeals since 1988, 1989, and 1991 respectively. After serving a one-year judicial clerkship with the Superior Court of New Jersey, Mr. Kozan concentrated in the fields of Workers' Compensation and employment law as an attorney in private practice from 1989 to 1992. Mr. Kozan then served as a Deputy Attorney General of the State of New Jersey from 1992 to 1997, defending claims against the State in the areas of both negligence and Workers' Compensation. From 1997 to 2000, Mr. Kozan served as Staff Counsel for the Travelers Insurance Company, at their offices located in East Hanover, New Jersey. Mr. Kozan has also been an adjunct Professor in the Legal Studies Department at Bergen Community College since 2001.

    Jeanmarie Witham Kozan, Esq., has been admitted to the bars of New Jersey and New York since 1990 and 1991, respectively. After serving a one-year judicial clerkship with the Superior Court of New Jersey, Ms. Kozan has concentrated in the fields of Workers' Compensation and Estate law as an attorney in private practice from 1991 to the present. Ms. Kozan is an original shareholder of the law firm of Witham & Kozan, P.A., since its inception in 1993. Ms. Kozan has also been an Adjunct Professor at Kean University, where she taught courses in Business Law. She has also been an Adjunct Professor at Bergen Community College, where she taught in the Paralegal Department, focusing on Wills, Trusts & Estate Law. 

Download Craig Kozan Resume.pdf
Craig Kozan, Esq.   Litigation Partner

Professional History 

  • Witham and Kozan, P.A. Partner. Workers' Compensation, Civil Litigation, Labor Law January 1, 2000 to present 
  • Bergen Community College Adjunct Professor, Business Department January 17, 2001 to present
  • Travelers Insurance Company Staff Counsel. Workers' Compensation Defense Litigation August 1, 1997 to December 31, 1999
  • State of New Jersey Deputy Attorney General. Worker's Compensation and Negligence (Title 59) Defense Litigation October 19, 1992 to July 31, 1997
  • Law Offices of Alfred G. Osterweil Associate. Workers' Compensation, Personal Injury, Matrimonial, Employment Law, Labor Law and General Practice, Edgewater, NJ September 1, 1989 to October 18, 1992
  • Honorable Roger F. Mahon, Judge of the Superior Court Law Clerk. Civil, Criminal, Family Matters, Small Claims and Mediation September 1, 1988 to August 31, 1989
  • Law Offices of Alfred G. Osterweil Law Clerk. July 1986 to September 1988 Education Juris Doctor, 1988, Rutgers Law School. Activities: Research Assistant to the Dean of the Law School, 1987-1988. Production Editor, Women's Rights Law Reporter, 1986-1988. 
  • Listed in "Who's Who Among American Law Students," 1988 
  • Certified in Mediation and Conciliation Skills program, New Jersey Administrative Office of the Courts 
  • B.A., English, 1980, Rutgers College, Rutgers University. Minor: Psychology; Linguistics Certificate. Dean's List.
  • Memberships New Jersey State Bar, 1988 to present New York State Bar, 1989 to present United States District Court, District of New Jersey, 1988 to present United States Military Court of Appeals, 1991 to present

Jeanmarie_Witham_Kozan_Resume.pdf 29.4 KB
Jeanmarie Witham Kozan, Esq.        Managing Partner

Professional History

  • Witham and Kozan, P.A. Managing Partner
  • 1993 to present 
  • Kean University Adjunct Professor, Management Science Department 1993 to 2005 
  • Bergen Community College Adjunct Professor, Business Department, Paralegal Studies 1993 to 2005 
  • Kiernan & Strenk Litigation Associate 13 Pine Street, Morristown, NJ 07962 1991 to 1993
  • Tax Court of New Jersey Judicial Clerk The Honorable Roger M. Kahn PO Box 47025, Newark, NJ 07101 1990 to 1991
  • Education
  • Rutgers School of Law Newark, New Jersey JD, Awarded 1990 
  • Rutgers College New Bruswick, New Jersey BA, Awarded 1987. Dean's List.
  • Memberships
  • New Jersey State Bar 1990 to present
  • New York State Bar 1991 to present
  • United States District Court, District of New Jersey 1991 to present
  • Publications
  • Co-author of "The Cost-Effective Handling of New Jersey Workers' Compensation Claims", (c) 2001.


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