Workers’ Compensation Benefits

If you’ve been injured on the job, you’re likely entitled to workers’ compensation benefits. These benefits are designed to help you pick up the pieces after an injury. If you would like to learn more about workers’ compensation in New Jersey or would like assistance filing your claim, please don’t hesitate to contact the Jersey City workers’ compensation lawyers here at Lerner, Piermont, Riverol & Lawlor, P.A. for a free consultation today.

Types of Workers’ Compensation Benefits in New Jersey

Employees can qualify for several categories of benefits, depending on the severity of the injury, the extent of disability, and whether ongoing medical care is required. That said, the types of workers’ compensation benefits in New Jersey are as follows:

• Medical Bills: All necessary and reasonable medical treatment related to the work injury is covered. This includes doctor visits, hospitalization, prescriptions, diagnostic testing, physical therapy, and even surgery if required. The employer and its insurance carrier are responsible for directing and paying for this care, meaning you are not expected to use your own health insurance.
• Temporary Total Disability Benefits (TTD): If you are unable to work for more than seven days because of your injury, you may receive temporary wage replacement. The benefit amount equals 70% of your average weekly wage, but it is capped at a state maximum and cannot fall below a state minimum. As of recent years, these weekly benefits are adjusted annually, and they are designed to provide income support until you are medically cleared to return to work.
• Permanent Partial Disability Benefits (PPD): When an injury leaves you with lasting impairment but you can still perform some form of work, you may be eligible for permanent partial disability. Payments are determined based on a percentage of loss assigned to the body part or function affected, such as a hand, arm, back, or hearing. These benefits are paid weekly for a set number of weeks based on statutory schedules.
• Permanent Total Disability Benefits (PTD): If your injury prevents you from working at all in any occupation, you may qualify for permanent total disability. These benefits are initially payable for 450 weeks. After that period, they may continue if you can show that you remain totally disabled. Like temporary disability, the rate is 70% of your average weekly wage, within the state’s maximum and minimum benefits.
• Death Benefits: If a worker dies as a result of a job-related accident or occupational illness, the dependents may collect weekly death benefits. These are also calculated at 70% of the deceased worker’s weekly wage, subject to statutory maximums and minimums. Reasonable funeral expenses up to $5,000 are also provided.

Eligibility and Duration of Benefits

To qualify for workers’ compensation benefits, you must be an employee who was injured or who became ill in the course of employment. Independent contractors are generally excluded, although disputes often arise about how workers are classified. The injury must be connected to your job duties or occur while you are acting within the scope of your employment.

Importantly, there’s a short waiting period before wage replacement begins. Temporary disability benefits are available only if you miss more than seven days of work. The payments then start on the eighth day and are retroactive to the first day of disability once you surpass the seven-day mark. On the other hand, medical benefits begin immediately and continue as long as treatment is required and authorized.

The maximum duration depends on the type of benefit. Temporary total disability continues until you return to work, are declared medically fit, or reach the statutory 400-week cap. Permanent partial disability benefits run for the length of the award schedule, which is tied to the specific impairment rating. Permanent total disability starts with 450 weeks and may continue indefinitely if total disability is proven. Death benefits continue for surviving dependents as long as eligibility requirements are met, often until children reach a certain age or surviving spouses remarry.

How Workers’ Compensation Benefits Are Calculated in New Jersey

The calculation of workers’ compensation benefits centers on your average weekly wage. For temporary and permanent disability benefits, the formula is 70% of that wage, but there are limits that change every year based on the statewide average weekly wage.

For permanent partial disability, the process is a bit more technical. The court or insurance carrier considers medical testimony and assigns a percentage of disability to the injured body part or function. That percentage corresponds to a set number of weeks of benefits under the state schedule. The weekly amount is then multiplied by the number of weeks of benefits under the state schedule. The weekly amount is then multiplied by the number of weeks to determine the full award.

When it comes to permanent total disability, benefits are ongoing at 70% of the average weekly wage, and after 450 weeks, the worker must demonstrate continued total disability to extend payments.

Death benefits are calculated similarly, at 70% of the deceased worker’s wages, but are divided among dependents according to the law and are subject to judicial approval.

Contact Our Jersey City Workers’ Compensation Lawyers

Don’t face a work-related injury alone. The dedicated Hudson County, New Jersey workers’ compensation lawyers here at our firm are ready to help you fight for the benefits you deserve and need to get back on your feet again. Contact Lerner, Piermont, Riverol & Lawlor, P.A. for a free case evaluation today.