FAQ About Workers’ Compensation

Usually, temporary disability benefits are awarded at a rate of 70% of the worker’s average weekly wage, but they are capped each year. As of 2022, the most money a person may receive each week is $1065.00. The minimum amount of money a person may receive is $284.

Temporary disability benefits are awarded during the time that a worker cannot return to work and is under active medical treatment.

To receive payments for lost wages, a person must miss 7+ days of work. Temporary benefits usually end when the worker returns to work in partial or full capacity, or if the worker reaches maximum medical improvement. Workers’ compensation benefits stop after collecting them for 450 weeks, unless otherwise agreed upon.

Making a workers’ compensation claim is not the best option. In some instances, a person’s needs may extend beyond the compensation provided by a workers’ compensation claim. A person can sue their employer if negligence played a significant role in their injury or if their injuries were caused by a third party, such as an outside vendor or a machine. Known as personal injury lawsuits, these claims can help workers suffering from severe injuries that require extensive medical care. If you have been hurt through the negligence of another party, call us. We can help!

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 to prevent individuals from recovering twice for the same injuries and disabilities.

In some cases, workers can file a lawsuit against third parties. If a third party, such as a contractor, another driver, or a defective product, caused your work-related injury, then you may be able to file a personal injury claim against that party. Contact us today.

You cannot collect state temporary disability benefits for work-related injuries or illnesses. If you were hurt at work you must collect N.J. workers’ compensation benefits. 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’ compensation claim. If your work-related injury claim is disputed, contact us.

Call us at (201) 330-8883 to schedule your complimentary consultation.

The statute of limitations requires that workers’ compensation claims be filed with the Division of Workers’ Compensation within two years after the incident or last payment of compensation. For occupational illnesses such as asbestosis, 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.

Yes, those who receive temporary disability benefits can only do so for 450 weeks maximum. If a person’s temporary disability benefits are about to end, they can apply for permanent disability. Permanent disability is classified in two ways: permanent total disability and permanent partial disability. Permanent total disability benefits have the potential to last for the rest of a person’s life. Permanent partial disability benefits last for 600 weeks. If you have a lifelong disability, the State of New Jersey’s second injury fund may become involved, and payment could last for life.

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 because of the delay. Delaying a claim for 30 or more days may be considered unreasonable.

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.

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 because of the delay. Delaying a claim for 30 or more days may be considered unreasonable.

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.

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 file a Motion for Medical and/or Temporary Disability Benefits. These actions are frequently given high priority and are scheduled within 30 days of filing.

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 and you should contact our office to help.

In addition, the New Jersey Department of Labor and Workforce Development, offers services 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.

Maximum medical improvement is the point at which additional medical treatment cannot improve the condition of an injured worker. For instance, a person who has been paralyzed from the waist down would not expect to recover from their paralysis, so maximum medical improvement wouldn’t include the spinal injury. Maximum medical improvement is one of the measurements that determines if a person will be able to collect benefits.

Payments for injuries in workers’ compensation cases are called permanent total disability for people who sustain very serious injuries and are unable to return to work or permanent partial disability for other injury types. Payments are based upon a schedule of benefits.

The amount of the award is determined by the workers’ compensation Judge after treatment has concluded. The Judge will typically review the medical records and the reports, and upon conference with the attorney representing the injured worker and the employer’s attorney, will make a suggestion based upon his or her experience and the NJ disability chart.

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. The weekly benefit payment is 70 percent of wages, but the maximum total benefit payable to all of the worker’s dependents cannot exceed the maximum established annually by the Commissioner of Labor and Workforce Development.

A surviving spouse or civil union partner and natural children who were part of the decedents household are considered dependents.

The employer or the employer’s insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual. If you have lost a loved one as a result of a work related accident, call us.