Workplace health and safety have improved over the years. Still, no occupation in New Jersey is entirely free from accidents, injuries, or illnesses.
If you are a New Jersey worker who has been injured on the job due to someone else’s fault, you are entitled to workers’ compensation benefits without the worry of losing your job. A reliable Workers’ Comp attorney will help you recover a fair settlement as you recover from your injuries – while protecting you from unjust retaliation from your workplace.
A New Jersey workers’ comp lawyer at Davis, Saperstein & Salomon, P.C., can review your case and discuss your options. Since 1981, we have been helping injured and ill workers across New Jersey obtain benefits and funds to cover their losses. You will pay no legal fees until your case has been successfully settled. Our lawyers have obtained over $1 billion in settlements and verdicts for our clients – so you can rest easy knowing you’re in experienced hands.
Call us today at (800) LAW-2000 or use our online form. Our initial consultations are free.
What is Workers’ Compensation?
Worker’s compensation is a state-mandated insurance program that provides a critical safety net for employees who suffer job-related injuries or illnesses. This system ensures that workers receive medical care and wage replacement benefits, while in return, employers are generally protected from lawsuits by their injured employees.
In essence, worker’s compensation operates as a no-fault system. This means that an injured employee does not need to prove that their employer was negligent to receive benefits. The focus is on the injury or illness being directly related to the employee’s job duties.
What are Your Rights as a Worker/Employee in New Jersey?
New Jersey has some of the strongest worker protections in the United States. As an employee in NJ, you are entitled to:
- Fair and timely workers’ comp for injuries associated on the job
- Additional compensation for permanent injuries
It is your right to pursue workers comp for on-the-job injuries. You are also protected from employer retaliation if you do seek compensation.
What is the 26 week rule for workers’ comp in NJ?
In workers compensation law, the 26-week timeframe also serves as a critical waiting period before a final determination of permanent disability can be made. According to New Jersey statute (N.J.S.A. 34:15-16), a permanent disability award cannot be determined until 26 weeks have passed from the date of the employee’s:
- Final active medical treatment, or
- Return to work, whichever is later.
This period allows for the employee’s medical condition to stabilize, ensuring that any assessment of a permanent impairment is accurate and reflects the long-term impact of the injury. This is to avoid prematurely judging the extent of a disability before the full effects are known. An exception to this waiting period exists for straightforward cases such as amputations or the loss of an eye.
Do You Need to Prove Fault to Collect Workers’ Comp Benefits in New Jersey?
If you have been injured or fallen ill at your workplace in New Jersey, the two main options to file a claim for securing compensation are:
- Filing a workers’ compensation claim – Several different types of benefits are available. It depends on the nature of your illness or injury. To collect benefits, you do not need to prove fault. So, it does not matter if you, a co-worker, or your employer caused your condition. However, these claims involve strict filing requirements and deadlines. In some cases, they may involve a hearing.
- Filing a third-party liability claim – Under the exclusive remedy doctrine, you are barred from pursuing a personal injury lawsuit claiming negligence against your employer if you recover workers’ compensation benefits. However, you can still pursue a liability claim against any non-employer third party who is responsible for your injury or illness such as a property owner or landlord. To prevail, you must prove fault.
Types of Workers’ Compensation Benefits Available in New Jersey
Workers’ comp is an insurance program. It provides benefits to employees who suffer work-related injuries or illnesses. New Jersey was one of the first states in the country to offer such a program. Today, nearly every state in the country provides workers’ compensation benefits.
New Jersey workers’ comp benefits are classified as:
Medical Benefits – These benefits cover all medical treatment that is necessary “to cure and relieve” the effects of your workplace injury or illness, including emergency care and rehabilitation. The employer’s liability ceases after $50. So, you must petition for medical expenses beyond that amount. The employer may choose a physician to provide treatment and may reject paying medical bills if your physician is unauthorized.
Temporary Total Disability Benefits – These benefits cover 70 percent of your gross weekly wage (the amount before deductions) subject to a maximum amount and a minimum amount if your injury or illness prevents you from working. You can receive weekly payments until you have reached “maximum medical improvement,” but for no more than 400 weeks.
Permanent Disability Benefits – These benefits provide up to 70 percent of your gross weekly wage. They fall under two categories:
- Permanent Partial Disability Benefits – Where your disability prevents you from ever working again at full capacity. Payments can last for up to 600 weeks or an amount that is set by statute. If you have suffered an amputation, an additional 30 percent may be added to the award.
- Permanent Total Disability Benefits – Where you cannot work again because of the injury or illness you suffered on the job. You can receive weekly payments for up to 450 weeks or, in some cases, for life.
Death Benefits – These benefits are available to survivors of a deceased worker. They may pay for all funeral expenses and cover up to 70 percent of the worker’s average weekly wage. Payments to the worker’s dependents may last for up to 450 weeks or until the dependent turns 18 (or 23 if enrolled as a full-time student). A widow or widower may receive benefits beyond 450 weeks (provided they do not remarry).
Vocational Benefits: If an employee is unable to return to their previous job due to their injuries, worker’s compensation may cover the costs of vocational rehabilitation services. This can include job retraining, career counseling, and assistance with finding a new job.
