Landscaping and groundskeeping work can involve heavy lifting, powerful equipment, chemical exposure, vehicle travel, and long hours outdoors. When a worker is injured while mowing, trimming trees, maintaining properties, or performing similar duties, New Jersey workers’ compensation may provide medical care and financial benefits without requiring the worker to prove that the employer was negligent.
Both sudden accidents and conditions that develop gradually may qualify. However, the legal requirements and filing deadlines can differ depending on how the injury occurred. Anyone dealing with New Jersey workplace injury claims should understand these differences and act promptly to protect the right to benefits.
Key Takeaways About Workers’ Compensation for Landscaping and Groundskeeping Injuries in New Jersey
- Landscaping and groundskeeping employees may qualify for workers’ compensation regardless of whether they work full-time, part-time, or seasonally.
- Benefits may include authorized medical treatment, temporary disability payments, and compensation for a qualifying permanent disability.
- Both sudden accidents and work-related conditions that develop over time can be compensable, but different legal standards and deadlines may apply.
- An accidental injury should be reported immediately. New Jersey law generally requires notice or employer knowledge within 90 days.
- A worker classified as an independent contractor may still qualify as an employee based on the actual working relationship.
Are Landscaping and Groundskeeping Workers Covered in New Jersey?
New Jersey requires most employers to carry workers’ compensation insurance or receive approval to operate as self-insured employers. Seasonal and part-time landscaping workers can qualify for coverage just as year-round workers can, provided they are employees covered by the law.
Disputes sometimes arise when a landscaping company classifies a worker as an independent contractor. Being issued a 1099 does not automatically resolve that question. In workers’ compensation cases, New Jersey courts use the control test and the relative-nature-of-the-work test to evaluate whether someone is an employee.
The control test examines whether the business has the right to direct what the person does and how the work is performed. The relative-nature-of-the-work test considers factors such as whether the worker’s services are an integral part of the business and whether the worker is economically dependent on it. Satisfying either test may support employee status.
For example, a crew member who works according to the company’s schedule, uses its mowers and vehicles, and maintains properties selected by the company may have strong evidence of employee status despite being labeled an independent contractor. Understanding what New Jersey workers’ compensation provides begins with determining whether the worker is covered by the system.
What Injuries Do Landscaping Workers File Claims For?
Landscaping injuries can result from a single accident or from physical demands and exposures that accumulate over time.
Federal data illustrates the risks involved. According to the U.S. Bureau of Labor Statistics, 239 grounds-maintenance workers died from occupational injuries nationwide in 2024, up from 226 in 2023.
Common injuries and illnesses among landscaping and groundskeeping workers include:
- Lacerations, crush injuries, and amputations involving lawnmowers, chainsaws, wood chippers, and hedge trimmers
- Heat exhaustion, heat stroke, and dehydration caused by prolonged outdoor work
- Back, knee, and shoulder injuries from repeated lifting, bending, digging, and carrying
- Skin, eye, and respiratory conditions associated with fertilizers, herbicides, and pesticides
- Falls caused by uneven ground, wet turf, mud, ladders, or landscaping equipment
- Hearing loss associated with prolonged exposure to loud machinery
- Injuries suffered in work-related vehicle or equipment accidents
- Illnesses caused by insect bites, tick exposure, or poisonous plants encountered while working
Every claimant must establish a sufficient connection between the condition and the employment. For an accidental injury, that generally means showing that the injury arose out of and in the course of employment. An occupational-disease claim also requires proof that workplace conditions contributed to the disease in a material degree.
What Workers’ Compensation Benefits Can an Injured Landscaper Receive?
New Jersey workers’ compensation provides several potential categories of benefits. The benefits available depend on the nature and severity of the injury.
Authorized Medical Treatment
The employer or its workers’ compensation insurance carrier must provide treatment that is necessary to cure or relieve the effects of a compensable injury and, where possible, restore the function of the injured body part.
In most cases, the employer or carrier has the right to authorize the treating medical providers. A worker who obtains non-emergency treatment from an unauthorized doctor may become responsible for the bill.
Exceptions may apply when emergency care is necessary or when the employer has been asked to provide treatment and refuses or neglects to do so. Workers should notify the employer and request authorized treatment as soon as possible.
Temporary Disability Benefits
When a compensable injury prevents an employee from working for more than seven days, temporary disability benefits are generally paid at 70% of the worker’s average weekly wage, subject to the state minimum and maximum in effect for the year of the injury.
The disability days do not have to be consecutive. Once the period of disability extends beyond seven days, benefits become payable for the initial waiting period as well. Temporary benefits generally continue until the worker returns to work, reaches maximum medical improvement, or otherwise ceases to qualify.
Permanent Partial Disability Benefits
A worker may qualify for permanent partial disability benefits when a compensable injury or occupational disease leaves a lasting impairment after treatment ends. Examples may include reduced shoulder mobility, permanent back restrictions, loss of strength, scarring that constitutes significant disfigurement, or qualifying hearing loss.
New Jersey requires demonstrable objective medical evidence of a permanent impairment that restricts the function of the body or one of its members or organs. The law excludes conditions of a minor nature, such as minor lacerations, minor contusions, minor sprains, mild dermatitis, and mild bronchitis, from the definition of permanent disability.
The amount of an award depends on factors that include the affected body part, the percentage of disability, the worker’s wages, and the applicable statutory schedule.
Permanent Total Disability Benefits
A worker may qualify for permanent total disability benefits when a compensable injury or occupational disease causes a qualifying total and permanent impairment.
These benefits are initially payable for 450 weeks. They may continue after that period when the worker satisfies the statutory requirements and demonstrates that the disability continues to limit the worker’s ability to earn as required by New Jersey law. Learn more about permanent total disability in New Jersey.
Reporting a Landscaping Accident in New Jersey
For a specific accident, N.J.S.A. 34:15-17 establishes a tiered notice rule. If the employer does not already have actual knowledge of the injury, the employee should provide notice immediately.
Notice within 14 days generally prevents compensation from being delayed. If notice or employer knowledge occurs within 30 days, a defect or inaccuracy in the notice ordinarily will not bar compensation unless the employer proves that it was prejudiced.
When notice or knowledge occurs between 30 and 90 days, compensation may still be available if the worker shows that the delay resulted from mistake, inadvertence, ignorance of fact or law, inability, fraud, misrepresentation, or another reasonable cause. The employer may still raise prejudice resulting from the delay.
If the employer neither receives notice nor obtains actual knowledge within 90 days of the accident, compensation generally is not allowed. Workers should not rely on the possibility that an employer already knows what happened.
After a landscaping accident, a worker should consider taking the following steps:
- Tell a supervisor or the business owner immediately, preferably in writing.
- Explain when, where, and how the injury happened.
- Request medical treatment and ask which provider has been authorized.
- Request a copy of any accident report the employer makes available.
- Keep copies of written notices, medical records, work notes, and restrictions.
- Record the names of coworkers or others who witnessed the accident.
How Long Does a Landscaper Have to File a Workers’ Compensation Claim?
Reporting an accident to the employer is not the same as filing a formal claim petition with the New Jersey Division of Workers’ Compensation.
Under N.J.S.A. 34:15-51, a claim petition for an accidental injury generally must be filed within two years of the accident. When qualifying workers’ compensation benefits have been paid, the filing period may instead run from the last payment of compensation.
Workers should not assume that every medical appointment, bill payment, or communication with the insurance carrier automatically extends the deadline. Filing questions can be fact-specific, so it is safer to address the claim well before two years have passed.
Gradual Injuries and Occupational Diseases Follow Different Rules
Not every landscaping injury can be traced to a single incident. A spinal or joint condition that develops through years of lifting, hearing loss associated with prolonged equipment noise, or an illness linked to repeated chemical exposure may qualify as an occupational disease.
New Jersey defines a compensable occupational disease as one arising out of and in the course of employment and caused in a material degree by conditions that are characteristic of or peculiar to the employment. A worker generally needs medical evidence connecting the condition to workplace duties or exposures.
Under N.J.S.A. 34:15-34, the two-year filing period generally begins when the worker first knows both the nature of the disability and its relationship to the employment. That date may occur after the worker has left the job.
Occupational hearing-loss claims are also subject to specialized statutory requirements. A hearing-loss claim cannot be filed until four full consecutive calendar weeks have passed since removal from exposure to hazardous workplace noise. New Jersey also uses specific testing standards to determine whether hearing loss is compensable.
Normal aging alone is not compensable. However, the existence of age-related changes or a pre-existing condition does not automatically defeat a claim if employment contributed to a qualifying condition in a material degree. Medical evidence distinguishing occupational causes from aging or unrelated conditions can therefore be especially important.
What Evidence Supports a Landscaping Injury Claim?
Employers and insurance carriers may investigate whether an injury is work-related, whether proper notice was provided, and whether the claimed disability is supported by medical evidence. Preserving relevant information early can make those questions easier to address.
Helpful evidence may include:
- Medical records describing the injury and its relationship to the worker’s job
- Written notice provided to the employer
- Photographs or videos of the equipment, terrain, or hazard involved
- Statements from coworkers or other witnesses
- The employer’s accident report, if available
- Work schedules, route assignments, and time records
- Records identifying the tools, machinery, or chemicals used
- A description of repetitive duties, including lifting weights, work hours, and frequency
- Prior medical records showing the worker’s condition before the injury
- Audiograms or exposure records in a hearing-loss claim
For gradual injuries and occupational diseases, a detailed employment history can help a medical professional evaluate whether workplace conditions materially contributed to the disability. Avoiding common mistakes that can hurt a New Jersey workers’ compensation claim can also help protect the worker’s rights.
What Should You Do If Your Workers’ Compensation Claim Is Denied?
A carrier may deny a landscaping injury claim by arguing that the condition is unrelated to work, resulted entirely from a pre-existing condition, was reported too late, or involved an independent contractor rather than an employee.
A denial does not necessarily end the claim. Filing a claim petition allows the dispute to be heard by a judge of compensation. Depending on the issues involved, the judge may review medical records, hear testimony, consider expert medical opinions, and decide whether benefits are owed.
When authorized treatment or temporary benefits are being denied, an injured worker may also be able to file a motion seeking medical or temporary disability benefits while the case is pending. Some disputes resolve through an approved settlement, while others require a decision by a judge.
A workers’ compensation attorney can evaluate the reason given for the denial and identify the evidence relevant to the disputed issues.
Frequently Asked Questions
Can seasonal landscapers get workers’ compensation in New Jersey?
Yes. Seasonal and part-time landscaping workers can qualify for workers’ compensation if they are covered employees. The length of the employment does not by itself eliminate eligibility. However, disputes can arise over whether someone was an employee, an independent contractor, or otherwise outside the statute’s coverage.
Do I have to see the doctor my employer chooses?
Generally, yes. The employer or its insurance carrier ordinarily has the right to authorize the providers who treat a work injury. Exceptions may apply when emergency care is necessary or when the employer has been asked to provide treatment and refuses or neglects to do so. Whenever possible, ask the employer to authorize non-emergency care before selecting a provider independently.
How long do I have to report a landscaping accident?
Report the accident immediately. If the employer does not already have actual knowledge, New Jersey law generally requires notice within 90 days. Waiting longer than 14 or 30 days can create additional legal issues even when notice is ultimately provided within the 90-day period.
How long do I have to file a workers’ compensation claim in New Jersey?
A formal claim petition for an accidental injury generally must be filed within two years of the accident or, in qualifying circumstances, within two years of the last payment of compensation. Occupational-disease claims generally have a different discovery-based rule that runs from when the worker knew the nature of the disability and its relationship to the employment.
What if my injury developed over several years?
A condition caused by repetitive duties or prolonged workplace exposure may qualify as an occupational disease. The worker generally must present medical evidence showing that workplace conditions contributed to the disease in a material degree. These claims follow different timing rules from injuries caused by a single accident.
Contact Brandon J. Broderick for Help With a New Jersey Landscaping Injury Claim
A landscaping injury can prevent a worker from performing physically demanding duties while medical bills and lost income create additional pressure. Disputes over employment status, medical causation, authorized care, and filing deadlines can make the process even more difficult.
Brandon J. Broderick, Attorney at Law, represents landscaping and groundskeeping workers pursuing workers’ compensation benefits in New Jersey. Our team can investigate how the injury occurred, communicate with the insurance carrier, obtain relevant medical evidence, and pursue the benefits available under New Jersey law.
If you were injured while working on a landscaping or groundskeeping crew, contact us today. We offer free legal consultations and are available to discuss your options.