Workplace health and safety has improved over the years. Still, no occupation in New Jersey is entirely free from accidents, injuries and illnesses.
If you are a New Jersey worker who has been injured or become ill on the job, you may be entitled to workers’ compensation benefits or compensation through a third-party liability claim. You may be able to recover money to cover your medical bills and the wages you have lost because of a temporary or permanent disability.
The workers’ compensation lawyers of 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 to obtain benefits and funds to cover their losses. You will pay no legal fees until your case has been successfully settled.
Call us today at (800) LAW-2000 or use our online form. Our initial consultations are free.
Do You Need to Prove Fault to Collect New Jersey Workers’ Compensation Benefits?
If you have been injured or fallen ill at your workplace in New Jersey, the two main options for securing the money you need to carry on with your life 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’ compensation is an insurance program. It provides benefits to employees who suffer job-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).
Legal Help in a New Jersey Workers’ Compensation Claim
Davis, Saperstein & Salomon, P.C., is available to review the facts of your job-related accident and help you to determine fault and available compensation for you and your family.
We have experience with investigating claims that involve common workplace accidents and workplace injuries. We can consult with a vast network of experts to develop your case and secure the benefits you need and deserve.
To learn more, call us today at (800) LAW-2000 or use our online form. We can provide a free initial consultation, including meeting in your home or hospital room if necessary. We charge no fee until there is a recovery for you and your family.
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