NEW JERSEY WORKERS’ COMPENSATION BENEFITS ATTORNEY
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 benefits 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 today at (800) 909-8129.
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 benefits attorney to determine an effective course of legal action.
Which medical benefits are included in compensation?
- 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.
What are 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 the injury.
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 dependent.
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 as possible.