Injuries at work are sometimes unavoidable. Fortunately, most New Jersey employees can get Workers’ Compensation benefits if injured on the job.
Workers are the backbone of New Jersey, and employers here have a duty to provide coverage if a workplace accident prevents them from performing. A Workers’ Compensation case can cover several losses, including payment of a certain amount of your weekly wages while you are out of work and medical expenses related to the injury at work. Our team can help you determine if your injuries will qualify for special benefits, which can provide years of compensation for bodily injuries that are considered serious.
Call Agrapidis & Maroules, P.C. today at (201) 777-1111 to get your free case analysis with our Workers’ Compensation lawyers.
How Does Workers’ Compensation Help Injured Employees in New Jersey?
Workers’ Compensation is a “no-fault” insurance system in New Jersey that helps injured employees when they are injured at work. In other words, you can are entitled to Workers’ Compensation no matter who was at fault. As long your accident happened in the course of your employment, and you were not willfully negligent at the time, you can recover compensation under N.J.S.A. § 34:15-1.
A Workers’ Compensation case can provide coverage for lost wages, medical expenses, and permanent disabilities. It can also provide death benefits for certain dependents if the accident results in death.
However, knowing exactly how much you can recover is often challenging and requires lawyers that specialize in these cases.
The following Workers’ Compensation benefits could be available if you are injured at work in New Jersey:
Lost Income or Temporary Disability Benefits
If your injuries prevent you from working, Workers’ Compensation will provide a certain amount of lost wages, also known as temporary disability benefits. The amount of temporary disability benefits depends on your gross weekly wages prior to the injury and the nature or extent of your injury.
If you are temporarily disabled by your injuries, you can receive 70% of the weekly wages you were making at the time of the accident, according to § 34:15-12(a). However, temporary lost income benefits can provide a maximum of 75% of the state’s average weekly income. You will typically receive payments for the duration of your disability up to a limit of 400 weeks.
Workers who suffer total and permanent injuries in their accident will also get 70% of their weekly wages, as per § 34:15-12(b). However, the payment period is longer, with benefits being paid for up to 450 weeks. At the end of the 450 weeks, permanently disabled employees can apply for an extension of benefits if they went through physical and educational rehabilitation and can prove that their disability makes it impossible to go back to work. If the extension is approved, you will keep receiving benefits, subject to periodic reviews.
For accidents involving partial disabilities to the worker, the injured worker can receive 70% of their wages for up to and including 180 weeks, according to § 34:15-12(c).
The compensation schedule will depend on your injuries. If you lose a body part, like a hand or foot, Workers’ Compensation will likely cover you for hundreds of weeks. For less serious injuries, you might be expected to return to work in a few weeks. However, your injuries must be documented with medical treatment to justify your claim.
Medical Benefits
New Jersey employers must provide their injured workers with the medical treatment they need to restore them to their previous health or close enough that they can report back to work, according to § 34:15-15. This includes medical examinations, surgeries, hospital services, and any other treatment necessary to improve the disability. If your employer refuses to pay for medical expenses, you can get treatment on your own and file a claim with the Division of Workers’ Compensation. In most cases, your employer will still be liable for your medical payments.
If your employer is providing coverage for treatment, you will usually need to undergo a physical examination and other tests, like X-rays or MRIs, under § 34:15-19. Most of the time, you will need to visit a doctor of the Workers’ Compensation insurance company’s choosing. If you refuse to get medical treatment from the doctor the insurance company chooses, you will lose your right to recover compensation until you visit an approved doctor. However, if the Workers’ Compensation insurance company does not provide you with timely medical treatment, you have the right to treat with a doctor of your choice.
Permanency Benefits
At the conclusion of your medical treatment, our Workers’ Compensation lawyers will work to schedule you for the final medical examinations in the case. These final medical examinations are conducted by doctors chosen by the injured worker and doctors chosen by the Workers’ Compensation insurance company. The respective doctors will issue a report following the examinations that provides their expert opinion as to which injuries were caused by the accident and the percentage of permanent disability for each injury.
The final compensation in your Workers’ Compensation is the permanency benefit, or permanency award. Our Workers’ Compensation lawyers will fight for you and negotiate with the attorneys representing your employer for full and fair compensation under the law.
Lawyers that specialize in Workers’ Compensation are needed to appear and court and seek the Judge of Compensation’s approval of the permanency award at the of the case.
Special Benefits
If you suffer serious injuries, like a loss of function in a part of your body or an amputation, you can receive special benefits. § 34:15-37.6 defines serious bodily injury as injuries that cause a serious risk of death or injuries that cause permanent disfigurement or impairment to the functioning of any body part or organ. Amputations are obvious examples of serious bodily injury. However, you can also claim special benefits if you have had vision or hearing loss from your job.
The amount of special benefits you get will be determined by calculating the difference between the permanent and temporary compensation your injuries would receive and the compensation that would have been paid for subsistence, as per § 34:15-12.3.
You also do not have an unlimited amount of time to claim special benefits. According to § 34:15-12.6, you must apply for special benefits within one year of your last Workers’ Compensation payment.
Death Benefits
Death benefits will also be paid if a worker dies in the course of employment. While the benefits will be calculated in the same way they would have had the worker survived, they are paid to the dependents differently under § 34:15-13. If the deceased had more than one dependent, benefits would be paid to each in proportion to their dependency on the worker, according to § 34:15-13(g).
Right to Re-Open
In many cases, the settlement or resolution of the case will allow for the injured worker to re-open the case if the condition of the injury becomes significantly worse after the initial case closes. In a re-opened case, the injured worker can receive additional temporary disability benefits, medical benefits and permanency benefits, as described above.
How Long Do You Have to Report Your Workers’ Compensation Accident in New Jersey?
You must report your injuries to your employer to get your Workers’ Compensation claim started. Under § 34:15-17, you should give your employer notice within 14 days of your accident. However, you can wait up to 30 days to give notice without being penalized. If you are reporting your accident after 30 days but before 90 days have passed, you will need to show that you were unable to give notice, either by mistake, inability, or ignorance of the law. After 90 days, compensation will not be awarded.
Our New Jersey Workers’ Compensation Attorneys Can Help You Get the Benefits You Deserve
For a free case review and consultation with our Workers’ Compensation attorneys, call Agrapidis & Maroules, P.C. today at (201) 777-1111.