New Jersey Workers' Compensation Benefits
Attorney Guidance for Your Entitlements
Many employees may not be aware of the benefits they may claim for work-related
injuries. The benefits include payment for all related medical treatment,
rehabilitation costs, reconstructive surgeries, lost wages, and permanent
disability. Benefits are also available to dependents who have lost loved
ones to fatal injuries.
At The Law Offices of Lloyd E. Bennett, Esq., P.C., our New Jersey workers'
comp lawyer has
decades of experience helping injured workers file their claims for compensation. Review the following summary of benefits—when
you are ready to take action,
contact our firm!
We have recovered tens of millions of dollars for our injured workers.
Benefits From Employers or Insurance Carriers
When an employee injury or fatality arises out of or in the course of employment,
it is the employer or the employer's insurance carrier that pays for
the compensation. In the event that the employer is uninsured, the injured
employee or their eligible dependents may apply for benefits through the
Division's Uninsured Employer's Fund (UEF). Speak with a New Jersey
workers' compensation attorney to determine an effective course of
- Medical benefits for compensation include the following:
- Treatment expenses
- Medical prescriptions
- Hospital services
Employers have the right to appoint the physician who will treat their
injured workers. However, workers may choose their physician if an employer
wrongfully refuses to provide treatment. This is also true for cases of
emergency—if an injured worker must seek immediate medical attention,
he or she should notify their employer about the treatment as soon as possible.
Temporary Total Disability Benefits
Temporary disability benefits are available to injured workers who have
been disabled for more than seven days. Temporary total disability may
be provided for the duration that the employee is unable to work, and
for the duration they are under active medical care.
Disability is awarded at 70% of the worker's average weekly wage.
These benefits may not exceed 75% of the Statewide Average Weekly Wage
(SAWW) and must be at least 20% of the SAWW. The benefits end when the
injured worker is released to return to work or when the worker reaches
maximum medical improvement (MMI). MMI is the point when additional treatment
will not improve the worker's condition.
Permanent Partial & Total Disability Benefits
When work-related injuries may not be fully improved by medical treatment,
the injured worker may be eligible to receive partial permanent disability
benefits. These are awarded on a weekly basis after temporary disability
benefits end. Benefits are based on what are known as scheduled and non-schedule
losses, which categorize injuries based on the severity of the damage.
Scheduled losses include:
Non-scheduled losses include:
Permanent total disability benefits are available to workers whose injuries
prevent them from ever returning to their job or earn wages elsewhere.
These benefits are initially awarded on a weekly basis for 450 weeks—about
9 years. Permanent disability may be extended after this period if workers
are able to demonstrate that they are still unemployable as a result of
When a worker suffers fatal work-related injuries, his or her dependents
may be eligible to receive death benefits. Similar to other disability
benefits, this is generally awarded in weekly payments of 70% of the worker's
weekly wage. The total amount of the death benefits is divided among all
surviving dependents—a judge determines the amounts awarded to each
Several individuals may be considered dependents, including:
- Surviving spouses
- Children of the decedent
Children are considered dependents until they reach 18 years of age. Children
that are full-time students are considered dependents until 23 years of
age. Individuals who were not part of the deceased worker's household
at the time of death may be able to prove dependency in order to receive
death benefits. Some funeral expenses are often included in this compensation.
Time Is Limited—File a Claim for Benefits Immediately
In most cases of personal injury, whether work-related or otherwise, a
statute of limitations requires claims to be filed within two years of
an injury, or when injured workers receive their last benefit payment.
It is imperative that you take immediate action and file a claim as soon
Since 1987, our workers' compensation lawyer in New Jersey has helped
thousands of injured individuals. we have recovered tens of millions in
damages for our clients. Don't wait to get the legal assistance you need.
Schedule your consultation today!