Under New Jersey workers’ compensation law, your employer and/or your employer’s insurance company must pay you temporary disability benefits. These benefits are calculated as 70% of your gross weekly wages. However, there is a statutory maximum amount per week somebody may be paid. This amount is recalculated yearly. You must also be out of work a total of 7 days before you are entitled to receive temporary disability benefits. To be paid temporary benefits, you must have proof generally by a doctor providing a work status report, which states that you are unable to work.
What happens if your doctor clears you for “light duty” at work?
If the treating doctor states that you need more treatment, but clears you for light duty, your employer must either provide light duty for you, or in the event that they do not have a light duty position, keep you out of work and continue to pay you your temporary disability benefits until you have either completed treatment or are no longer disabled and can resume full duty. If an employer fails to pay temporary disability benefits, you may file a motion for medical and temporary disability benefits (“Med-Temp Motion”), wherein you ask the Court to make a determination of whether you are entitled to the temporary disability benefits.
If you’re permanently hurt because of work, you may be entitled to permanent disability benefits
If you sustain an injury arising out of and in the course of employment, you may also be entitled to permanent partial and/or permanent total disability benefits if you have sustained permanent injury or a loss of function, organ, system or body part. This must be proven by objective medical evidence, generally, a doctor’s report and/or testimony, setting forth that you have sustained a permanent injury which result in functional impairments and that the injury resulted in material limitation of your working ability.
About RAM Law
RAM Law represents all of Central Jersey in personal injury cases and is staffed by experienced accident and injury attorneys. We provide legal help for victims of slip and fall accidents, medical malpractice, workplace injuries, truck and car accidents, and other personal injuries. Call (732) 247-3600 to discuss your case and set up a free consultation at our New Brunswick or Somerville law offices.