You have suffered an injury on the job and you can’t work. You know that you have a right to seek workers’ compensation while you are off the job, but you don’t have any idea what benefits are available and how the amount of compensation is calculated. Here’s an overview of the benefits available through a workers’ compensation claim. Contact a personal injury lawyer for help with your claim.
When you are hurt at work, you can expect to turn to your employer and the workers’ compensation system to cover the costs of treatment related to your injury. There are limits, however–workers’ compensation will cover the costs of all “reasonable and necessary medical expenses.” This includes treatment by a doctor, at an urgent care or in a hospital, but there may be a requirement that you obtain services from an approved caregiver or one that your employer/the workers’ compensation insurance companies selects.
Technically, New Jersey does not offer wage replacement benefits—the payments are instead considered to be compensation for a disability. Your disability may be temporary or permanent, and it may be partial or total. If your injuries keep you from working for at least a week, but you’ll be able to return at some point, you will likely qualify for temporary total benefits. These benefits are calculated by taking a percentage—typically 70% of your average weekly wage (AWW), the average earnings you had for the 52-week period immediately prior to your injury.
If your disability is permanent, it will take one of two forms—permanent partial disability or permanent total disability. For a permanent total disability, you’ll be entitled to the full percentage (70%) of your AWW for up to 450 weeks, and may continue to receive benefits if you are still permanently totally disabled at the end of that period. With respect to a permanent partial disability, the workers’ compensation judge will look at the specific injury and see if it’s listed on the schedule of disabilities. The schedule sets forth a specific number of weeks of benefits based on the type of permanent disability.
Contact Our Office
If you or someone you love has suffered needless injury because of the careless or negligent acts of another person, we can help protect your rights. For a private meeting with experienced personal injury attorneys, contact us online or call our offices, in New Brunswick at 732-247-3600 or in Somerville at 908-448-2560.