South Jersey Workers’ Comp Attorneys

Temporary Disability Benefits

If you are unable to work due to a workplace injury or illness, you are entitled to collect a portion of your lost wages or temporary disability benefits. The amount you are owed is based on 70% of your average weekly wage, including:

• Overtime
• Tips
• Bonuses

In 2018, injured workers were entitled to receive a minimum of $241 a week and a maximum of $903 in lost wages benefits. You lose this benefit once you return to work or once you are said to have reached maximum medical improvement.

Permanent Disability Benefits

If you are disabled due to a workplace accident, you are also entitled to permanent disability benefits. The amount of benefits you would be eligible for depends on the area of your body that is disabled and the degree of the impairment.

Permanent Total Disability

If your injury renders you unable to work in any capacity, then you would qualify for permanent total disability benefits for life. However, Social Security or other types of disability benefits may reduce the amount of benefits you are eligible to receive. You may be able to receive these benefits monthly or as a lump sum payment.

Permanent Partial Disability

If your injury results in a partial disability, you are eligible to collect specific benefits for the loss of that percentage of function. Your doctor will determine the amount of disability you now face as the result of your injury. Then you would be eligible to receive benefits for a specific amount of time based on the percentage of loss of function you suffered. This is based upon New Jersey’s Schedule of Disabilities.

For example, if you suffered a permanent injury to your hand and your doctor determines that you are 10% disabled in that hand, you would receive benefits for 24.5 weeks. In contrast, if you are 25% disabled in your back, you would receive benefits for 150 weeks.

Death Benefits

If a loved one dies in a workplace accident, the New Jersey Workers’ Compensation system provides the worker’s dependents with death benefits, including payment of burial costs.

Schedule a free consultation with our firm by contacting us online or call or text us at: (856) 502-1655

How to File a Workers’ Compensation Claim in NJ

To obtain the benefits to which you are entitled by New Jersey law, you must follow specific steps:

1. Seek Medical Attention Immediately. After a workplace accident, many injured workers fail to seek medical attention. Failing to report your injury can have disastrous consequences. Suppose you were injured on Friday at work but waited until Monday to seek medical attention and notify your employer. Your employer’s insurance company may deny your claim by asserting that you may have been injured over the weekend instead of “on the job.”
2. Tell the Doctor About Your Workplace Injury. Be sure your doctor notes in your chart that you were injured at work. This is often a critical step to filing a workers’ compensation claim.
3. Report Your Injury to Your Employer. You should report your injury to your employer as soon as you are able. While you have 90 days to report this injury, failure to report it quickly can result in your claim being denied or unfairly scrutinized. Ideally, you want to provide this notice in writing with the date and time of the injury clearly marked. Submit this report to your boss, supervisor, or manager and always keep a copy for your records.
4. Check on the Status of Your Claim. Once you submitted a notice of injury to your manager, your employer must file a First Report of Injury form with the New Jersey Division of Workers’ Compensation within 21 days of your notice. Check on the status of this report and ensure that your employer is doing their part.
5. Receive Benefits. If your claim is accepted, you should begin receiving your benefits quickly. If accepted, your employer will pay for all of your medical expenses and the lost wages you are entitled to receive.
6. Claim Denied. If your claim is denied at this stage, it is important to speak to an experienced New Jersey workers’ compensation lawyer immediately. Your lawyer will either need to file a formal Claim Petition or apply for an informal hearing to have your claim reviewed. All informal hearings are reviewed by a Judge of Compensation and are scheduled within a few weeks. With formal Claim Petitions, however, it can take up to six months to schedule a hearing. You typically have two years from the date of your injury to file a Claim Petition, but different deadlines can apply, depending upon your individual circumstances. This is why it is critical that you speak to an experienced New Jersey workers’ compensation lawyer as soon as possible.
7. Appeal Decision. If you disagree with the Judge’s ruling on your Claim Petition, you have a right to appeal the decision. Your workers’ compensation attorney can help you review all of your legal rights and protect your future during this time.