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Having spent years in this business, we understand injury cases better than anyone. It’s not enough that you have to struggle with the financial ramifications of an accident, but the legal terminology surrounding such a situation can be overwhelmingly complex. Depend on us not only to explain your case simply and accurately, but also to obtain the maximum compensation to which you’re entitled.
- Workers' Compensation Attorney
- Personal Injury
What You Need to Know About New Jersey Workers’ Compensation
Benefits Available Through Workers’ Compensation
Medical Benefits
All necessary medical treatment and hospitalization services should be provided by the employer or the employer’s insurance company. The employer has the right to choose the training physician. If the employer refuses to provide medical treatment, the injured worker may seek treatment with a doctor of his choice. However, an attorney should be consulted as soon as possible.
Temporary Disability Benefits
If you are getting treatment and are out of work for seven days you are eligible for temporary disability benefits. These benefits are equal to 70 percent of your weekly gross salary up to maximum set by the commissioner of labor.
Permanent Disability
When a job-related injury results in permanent disability you are eligible for benefits. You can receive benefits whether or not you return to work. To receive the maximum amount of benefits for which you are eligible, it’s usually necessary to consult an attorney.
Permanently total disability occurs when, as a result of a work-related injury, you are unable to return to work. Benefits equal to 70 percent (subject to a maximum determined by the commissioner of labor) of your gross salary will continue as long as the disability exists.
Death Benefits
When a job-related accident or illness results in the worker’s death, benefits are payable to the dependents of the worker as defined by the law. A surviving spouse and natural children under 18 years of age who were a part of the worker’s household at the time of death are considered dependents.
Funeral expenses from any job-related death are payable by the employer or the employer’s insurance carrier up to a maximum $3500.
Questions & Answers
Am I eligible for workers’ compensation?
If you are injured at work or develop a work-related illness, you should receive workers’ compensation benefits. The benefits include medical care, temporary disability payments and compensation if you suffer a permanent disability. In the event of death, benefits are payable to your family. Benefits are sometimes paid voluntarily, however it is often necessary to consult an attorney who will apply to the workers’ compensation courts for relief.
What must I do if injured?
If you are injured you should contact your employer as soon as possible. You should tell the foreman, supervisor, personnel office or anyone in authority at the employer’s place of business that you suffered an injury. You do not have to give written notice; however, if there is an accident report form, it should be completed. If you feel that you need to go to the hospital or see a doctor ask your employer for medical treatment.
What if my employer refuses to provide medical services and / or temporary disability benefits?
If your employer refuses or delays giving you benefits, you need to see an attorney experienced in New Jersey workers’ compensation as possible. The attorney should file a formal claim petition and a motion for medical and temporary benefits with the Division of Workers’ Compensation. Attorneys are prohibited by law from charging a fee in advance for such services. Fees will be fixed by the court and will be assessed if you are successful in obtaining benefits.
Important: There is a two-year statute of limitations. A formal claim petition must be filed within two years of the date of the injury or last payment of compensation, whichever is later. Medical treatment authorized by the employer is considered a payment of compensation. In cases of occupation illness such as asbestosis, lead poisoning or hearing loss, the claim petition must be filed within two years from the date the worker first became aware of the condition and its relationship to employment.
If I receive medical benefits and temporary benefits do I need to do anything more?
If your injury is serious and has resulted in a problem, which either limits your ability to do your job or your ability to do activities outside the workplace, you may qualify for permanent partial disability. If you have suffered a serious injury, you should consult an attorney who will file a claim petition with the Division of Workers’ Compensation seeking additional benefits. You can receive additional benefits even if you have returned to your job or another job earning equal or greater money. An attorney should be consulted even if the workers’ compensation insurance carrier has voluntary paid permanent partial disability because in most cases this payment of benefits will only be a fraction of what can be received in workers’ compensation court.
Can my employer do anything to me for filing a workers' compensation claim?
The Workers' Compensation Law prohibits the employer from discharging or in any other manner discriminating against you because you have claimed or attempted to claim workers’ compensation benefits.
Does the Workers’ Compensation Law give special compensation to minors?
Yes. If a minor, employed in violation of the Child Labor Law, suffers a disability because of a job-related injury or illness, benefits will be double the amount ordinarily awarded.
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