Workers’ Compensation

Every year, millions of people suffer from work related injuries. In 2018 alone, there were over 2 million non-fatal work injuries. Employees who are either injured at work or become ill as a result of work may be entitled to workers’ compensation benefits under New Jersey law. According to the State of NJ Department of Labor, workers’ compensation is a “no fault” insurance program that provides benefits to employees who suffer job related injuries or illnesses caused by exposure to dangerous substances.

Workers’ Comp Benefits in NJ

New Jersey has five types of benefits that you may receive under workers’ compensation. They include the following:

Temporary Disability: Injured workers who are disabled for a period of more than 7 days may qualify for Temporary Disability. Temporary Disability pays a rate of 70% of a worker’s average weekly wage.

Medical Benefits: Injured workers are permitted to receive all necessary medical treatment, medications or hospitalization services

Permanent Partial Benefits: Injured workers who suffer a permanent partial disability may receive weekly benefits after temporary disability ends. Certain injures, including injuries to the arms, hands, fingers, legs, feet, toes, eyes, ears or teeth are based on the Schedule of Disabilities

Permanent Total Benefits: Injured workers who cannot return to any type of work may be entitled to permanent total benefits for an initial period of 450 weeks. After that, the benefits may be continued.

Death Benefits: If a worker dies due to a work-related illness or injury, the dependents may be eligible for benefits. Death benefits are usually weekly payments of 70% of the worker’s weekly wages. Spouses, children, parents, grandparents, grandchildren, brothers, and sisters may be considered dependents, depending on the facts of the case. Death benefits can also include up to $3, 500 for funeral expenses.

What should you do if you are injured on the job?

The first thing you should do if you are injured on the job is notify your employer as soon as possible. You must notify your employer no later than 90 days after the accident or the diagnosis. The notice of injury can be your direct supervisor or the human resources department. If you require medical attention, you will need to request this from your employer. According to the law in New Jersey, your employer may select the doctor for the medical treatment that you require. If a dispute arises over your workers’ compensation claim and entitlement to benefits, you may file a formal complaint, called a Claim Petition or an Application for an Informal Hearing.

Filing A Workers’ Comp Claim in NJ

Filing a workers’ compensation claim can be confusing because of the very specific laws involving claim times, paperwork that needs to be filed and different options for case resolutions. It is highly recommended that you obtain a qualified attorney if you have been injured on the job or developed an illness due to your work.

Workers’ Compensation Attorneys in NJ

The attorneys at Davison, Eastman, Muñoz, Paone in Freehold, NJ specialize in employment law and compensation programs. We can help you understand your rights according to the laws and help you pursue a course of action.

For more information about your rights in relation to a worker’s compensation case, call us today.