New Jersey Law protects workers injured on the job. If you have suffered an injury while working or while coming or going from your place of employment you are entitled to the following benefits:
- Payment of 100% of Authorized Medical Treatment (for more info click here)
- Payment of 70% of Lost Wages up to Maximum Benefit (for more info click here)
- Award of Permanent Disability
New Jersey’s Workers’ Compensation system is designed to provide injured workers with prompt medical attention and wage replacement benefits when they are disabled due to a work injury. Workers’ Compensation is unique from other types of personal injury claims in that the employee does not need to prove negligence on the employer’s part in order to recover. Instead, the worker must only demonstrate that the injury occurred during the course of their employment. If an employee is hurt on the job, they are required to notify their employer of the injury. They should fill out an accident report immediately after an injury.
The workers’ compensation insurance carrier is responsible for 100% of all medical treatment resulting from the injury. The employer, however, may chose the doctor that the injured worker will treat with and also has the right to authorize all medical treatment with that doctor. If the worker fails to treat with an authorized doctor, they may be personally liable for all medical bills arising from the work injury. If the authorized doctor recommends treatment that is denied by the workers’ compensation carrier, a Motion for Medical and Temporary Benefits should be filed. A Judge of Compensation will hear the motion and can compel the carrier to pay for the treatment.
In addition to medical treatment, the employee is entitled to receive 70% of his or her average weekly wage, up to a maximum amount, for the period of time that the treating doctor indicates the individual is unable to work. In addition to the requirement that the individual is unable to return to work, they must also be receiving medical treatment in order to be eligible for temporary disability benefits. The maximum period of time temporary disability benefits may be paid is 400 weeks (about seven and a half years).
If the individual is still unable to return to work after the time period for temporary disability benefits has expired, they are entitled to receive total permanent disability benefits. In order to evaluate the degree of permanent disability sustained by the petitioner, both the carrier and petitioner’s attorney will retain medical experts who are familiar with the New Jersey disability schedule. Most claims settle prior to trial, at a percentage of permanent partial disability benefits somewhere between the two expert estimates.
If you or someone you know has been injured on the job, contact the experienced attorneys at the Law Office of Randolph H. Wolf today to discuss your case.