Frequently Asked Questions: Workers' Compensation
Workers' Compensation Attorney in New Jersey
If you have been injured in a work-related accident due to the negligence
of another, then you may be entitled to collect money damages through
a workers' compensation claim. The following are commonly asked questions
by our clients who have been injured in work related accidents in New Jersey.
What should I do if I have been injured while working in New Jersey?
Notify your employer immediately. Speak with your supervisor or someone
else of authority at your work. Notifications do not have to be in writing—however,
it may benefit you to have evidence that you notified your employer. If
you intend to seek medical treatment for your injuries, this should be
requested through your employer as well.
What can I do if I was injured in New Jersey and my employer doesn't
report my injuries to the insurance carrier?
Generally, you can contact the workers' compensation insurance carrier
directly, or you can file a claim. Most businesses are required to display
proof of insurance at their place of business, but you can also obtain
insurance carrier information by contacting the Compensation Rating &
Inspection Bureau. If you are considering filing a claim for your workers'
compensation entitlements, contact our New Jersey workers' compensation attorney.
Who determines the New Jersey workers' compensation benefits I receive?
If your employer is insured, the insurance carrier decides what entitlements
you may receive. If your employer is self-insured, then your employer
will determine your eligibility after investigating your claim. In either
case, if you believe that you have received unfair compensation benefits,
you may take legal action to fight for the compensation you deserve by
filing a claim with the Division of Workers' Compensation.
Can my employer terminate me while I am out of work because of a New Jersey
According to workers' compensation laws, an employer is prohibited
from terminating an employee as retaliation for filing a workers'
compensation claim or testifying at a hearing. If your employer terminated
you because of your condition, you may be able to file a claim for violation
of the Americans with Disabilities Act. Discuss your situation with a
workers' compensation lawyer in New Jersey to explore your legal options.
My doctor released me for light duty work, but none is available. What
can I do?
If you have not yet returned to work, but you are still receiving medical
treatment for your injuries, then you may continue to collect temporary
disability benefits up to the date of maximum medical improvement. If
you are unable to return to work in full capacity after this date, whether
because of your injuries or because of your employer, you may need to
take further legal action. Consult an attorney about the steps you may
take to help you on the road to recovery.
I have a full-time and a part-time job. Can I collect New Jersey workers'
compensation for both jobs?
You may not collect workers' compensation for your full-time job;
workers' compensation benefits are based on the employment where the
injury occurred. If you suffered injuries because of your part-time job,
you may only collection benefits for that employment.
Are my New Jersey workers' compensation entitlements and benefits taxable?
Under state tax laws, workers' compensation benefits may not be taxed.
Can I still collect New Jersey workers' compensation benefits if I
recover money from a third party?
Workers' compensation is intended to allow you to return to the state
you were in before an injury occurred. Collecting twice for the same injury
gives you an unintended and unfair advantage. If you have recovered benefits
from a third party, workers' compensation laws allow employer insurance
carriers to receive credit in order to prevent individuals from fraudulently
recovering twice for the same injuries and disabilities.
My injury is preventing me from working. What services are available to help me?
Through the New Jersey Department of Labor and Workforce Development,
there are a few services available for retraining and employment. The
New Jersey Division of Vocational Rehabilitation Services helps individuals
who have trouble finding employment because of their disabilities. They
also help individuals whose present employment may be endangered because
of their disability.
My child was injured while working in New Jersey is he/she entitled to
New Jersey workers compensation benefits?
Generally, minors are entitled to the same workers' compensation benefits
as other employees. However, if the minor's employment is in violation
of child labor laws, these benefits may be double the normal amount. This
includes compensation benefits for temporary and permanent disability,
as well as death.
What benefits may I be entitled to receive?
Injuries and deaths resulting from a work-related incident are grounds
for workers' compensation benefits. Your employer insurance must pay
for necessary and reasonable medical treatment, loss of wages during your
period of disability, and benefits for your permanent disability. To ensure
your rights are fully protected contact The Law Offices of Lloyd E. Bennett,
Esq., P.C. today.
How much can I collect for lost wages?
Usually, temporary disability benefits are awarded at a rate of 70% of
the worker's average weekly wage but they are capped each year. Temporary
disability benefits are awarded during the time that a worker cannot return
to work and is under active medical treatment. The minimum time for this
is a period of seven days.
Temporary disability benefits usually end when the worker returns to work
in partial or full capacity, or if the worker reaches maximum medical
improvement. Maximum medical improvement is the point at which additional
medical treatment cannot improve the condition of the injured worker.
A worker's benefits may also be ended if they are not improving their health.
Can my health care be terminated while I am unable to work and collecting
While there are no laws preventing an employer from discontinuing health
care coverage while an employee is unable to work, the Federal Family
Medical Leave Act provides some protections to disabled workers. However,
these protections are not in the jurisdiction of workers' compensation courts.
Does workers' compensation provide for increases in the cost of living?
In most cases, the only persons eligible for increased cost of living
benefits are permanently disabled workers and the dependents of deceased
workers whose date of injury or death occurred before January 1, 1980.
For individuals receiving temporary disability benefits, whether total
or partial, there are no eligibilities for cost of living increase benefits.
If I am injured on the job, may I collect Temporary Disability Insurance
State temporary disability benefits laws do not allow individuals to collection
compensation for work-related injuries or illnesses. However, if a workers'
compensation claim is contested by the insurance carrier, you may be able
to collect Temporary Disability Insurance pending a resolution of a workers'
Timeliness of Compensation & Procedures
What is the minimum time I must be out of work to be eligible for workers'
To receive temporary disability benefits, you must be unable to work for
seven days, consecutive or non-consecutive. These benefits are awarded
retroactively, so you may receive compensation for the seven days prior
to becoming eligible. There is no waiting period for receiving benefits
for medical treatment or permanent disability.
How much time do I have to file a workers' compensation claim?
The statute of limitations requires that workers' compensation claims
be filed within two years after the incident or last payment of compensation.
For occupational illnesses such as asbestoses, hearing loss, or lead poisoning,
claims must be filed within two years after the date that the individual
first becomes aware of the condition's relationship to his or her
employment. Payment of compensation includes medical treatment that an
employer authorizes for an injured worker.
How long should I expect to wait before receiving New Jersey workers compensation
Generally, individuals may wait two weeks to receive their benefits. However,
if an employer or insurance carrier unreasonably delays or denies a claim,
they may be held liable for an additional 25% of the amounts owed, along
with legal fees incurred as a result of the delay. Delaying a claim for
30 or more days may be considered unreasonable. Take action and discuss
your situation with our workers' compensation attorney at The Law
Offices of Lloyd. Bennett.
A judge has awarded me New Jersey workers compensation disability benefits.
When will I receive them?
By law, workers' compensation insurance carriers have 60 days to process
the payment. After 60 days, you may be entitled to receive simple interest
for the delay. In most cases, you may expect to receive your initial benefit
payment in 6 - 8 weeks following the judge's order.
Can I switch doctors if I do not like the doctor that was referred by my
Workers' compensation law gives employers authority to choose the
health service professionals that provide care to their injured workers.
However, if your employer refuses or neglects to provide reasonable medical
services, you may take action with a Motion for Medical and/or Temporary
Disability Benefits. These actions are frequently given high priority
and are scheduled within 30 days of filing. To help ensure the process
goes smoothly, consult with The Law Offices of Lloyd E. Bennett.
The statute gives the employer the authority to select the health service
professionals to provide care to an injured worker. However, if the employer
refuses or neglects to provide services reasonable and necessary to cure
and relieve the worker of the effects of the injury or restore function
where possible, the employee may take action by filing a Motion for Medical
and/or Temporary Disability Benefits through an experienced workers'
compensation lawyer in New Jersey like Lloyd Bennett, Esq. These proceedings
are given a very high priority and are scheduled before a judge within
30 days of the proper filing of the motion.
Representing the Injured Residents of New Jersey since 1987
Our firm has been defending the rights of employees injured while working
in New Jersey since 1987. With nearly three decades of experience handling
these claims. We promise you will receive proper compensation for your
injuries. We have recovered tens of millions of dollars in damages for
We offer a free
case evaluation so that you may obtain some legal information regarding the situation
that you face before making any commitment to our firm.
Contact us immediately to discuss the situation that you face, and to retain the
representation that you need.