You’ve never filed a workers’ compensation claim before, but you’ve just been hurt on the job and your injury makes it impossible for you to work. What types of benefits can you expect when you file a workers’ compensation claim?
The Basic Benefits
Under the New Jersey laws, your employer is responsible for all reasonable and necessary medical care necessitated by your injury. New Jersey is not a wage loss state, so technically, workers’ compensation benefits do not include a component to cover lost income. However, New Jersey does require payment for temporary disability, essentially providing a replacement for income. In addition, if your injuries are permanent, you may be entitled to permanent disability compensation.
Determining the Amount of Your Disability Payments
If your injury determined to be temporary (and you were off work for at least seven calendar days), the amount of your temporary disability payments will be calculated by taking 70% of your average weekly wage—the average you earned over the last 52 calendar weeks. There are, however, maximum and minimum rates that may be paid weekly. You must remain under regular medical care to qualify for these payments. You will only be eligible to receive temporary disability payments until you go back to work or until you have reached maximum medical improvement (MMI).
If your disability is determined to be permanent, it will be categorized as either permanent partial disability or permanent total disability. With a permanent partial disability, you can return to work, but receive payment based on your percentage of disability. With a permanent total disability, you won’t return to work , but will be entitled to payment of 70% of your average weekly wage (subject to a cap rate set by law) for up to 450 weeks. At the conclusion of the 450 weeks, you will be required to demonstrate that you remain totally disabled in order for the weekly payments to continue.
We handle all personal injury cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.