If you are a full-time or part-time employee and suffer an injury at work, your medical bills and some of your lost wages should be covered by your employer’s workers’ compensation insurance. However, obtaining the workers’ compensation benefits for valid work-related injuries is not always as straightforward as it should be. Most employers in New Jersey are required to carry workers’ compensation insurance to protect injured employees. But workers’ compensation benefits administrators may attempt to deny or minimize injured workers’ claims to save money.
If you suffered serious injuries or a work-related illness on the job in the Newark area, you should be aware that you may be entitled to workers’ compensation benefits for your medical bills, medication, lost wages, and other losses. You should not be afraid to apply for workers’ compensation benefits out of fear of retaliation from your employer. Workers’ compensation is intended to pay for medical care to help injured workers get back on their feet and return to work, if possible.
If you are having difficulty obtaining benefits after a workplace accident, let an experienced Newark workers’ compensation lawyer help you obtain all the benefits you are entitled to by law. The attorneys at Davis, Saperstein & Salomon, P.C. have been helping injured people throughout New Jersey since 1981. Call (800) LAW-2000 or contact us online to set up a free consultation with us today.
Do You Need to Prove Fault to Collect New Jersey Workers’ Compensation Benefits?
Workers’ compensation is no-fault insurance program. It provides benefits to employees injured in workplace accidents regardless of who caused the accident. There is no requirement to prove anyone was at fault in order to receive workers’ comp benefits.
In some cases, injured workers may obtain workers’ compensation benefits through an employer and also have a right to file a lawsuit against a third party.
For example, a construction worker is employed by a subcontractor on a jobsite in Newark. The general contractor on the jobsite creates unsafe work conditions at the site that cause the worker to be injured. The injured worker may have a right to receive workers’ compensation benefits through his or her own employer and also file a lawsuit against the general contractor seeking damages. These are known as third-party claims.
It is important to keep in mind that New Jersey places limits on the amount of time you have to file a claim. You will want to get a lawyer involved as soon as possible so you can be sure that your claim is filed in time.
Workers’ Compensation Guide
Davis, Saperstein & Salomon, P.C. believes it is important for people to understand all of their rights when it comes to workers’ compensation claims. For this reason, we provide the Getting the Benefits You Deserve: Everything You Need to Know About Your Workers’ Compensation Claim e-book that you can download for free and review for complete information about workers’ compensation issues.
Types of Workers’ Compensation Benefits Available in New Jersey
The New Jersey Workers’ Compensation Law provides for the following benefits:
- Medical Benefits — The employer’s workers’ compensation insurance carrier is supposed to cover all necessary and reasonable medical treatment, prescriptions, and hospitalization services related to a work injury. The employer has the right to choose the treating physician, but a person can choose their own physician in emergency situations or if the employer inappropriately refuses to provide treatment.
- Temporary Disability Benefits — When an employee will be disabled for more than seven days, he or she can receive temporary total disability (TTD) benefits at a rate of 70 percent of their average weekly wage. TTD benefits are terminated when an employee is able to return to work in some capacity or has reached a state of maximum medical improvement (MMI). This is the stage of recovery at which a doctor has determined that additional treatment will not improve the employee’s medical condition any further. The maximum TTD rate for 2019 in New Jersey is $921 and the minimum is $246.
- Permanent Partial Benefits — An employee who suffers a partial permanent disability (PPD) may receive benefits based on his or her partial disability rating. PPD benefits are paid for a maximum term of 600 weeks. The maximum PPD rate for 2019 in New Jersey is $921 and the minimum is $35.
- Permanent Total Benefits — Permanent total disability (PTD) benefits can be provided for a period of 450 weeks, and the benefits can continue if the employee proves that he or she is still unable to earn wages. Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. The PTD benefits are based upon 70 percent of the average weekly wage up to certain wage limits. The maximum PTD rate for 2019 in New Jersey is $921 and the minimum is $246.
- Death Benefits — Death benefits may be paid to the dependents of an employee who dies due to a work-related injury or disease. Benefits are 70 percent of the weekly wage of the deceased worker, up to the maximum amount established by the N.J. Commissioner of Labor. The surviving spouse and natural children who were a part of the decedent’s household at the time of death may collect benefits for up to 450 weeks or until the children turn 18 years old or, 23 years old if they are full-time students. A widow or widower may be entitled to collect benefits beyond 450 weeks as long as they do not marry again. Children who are physically or mentally disabled can be eligible for additional benefits. Employers or insurance carriers are responsible for paying up to $3,500 in funeral expenses.
People can be injured in a wide variety of different workplace accidents including slip and fall accidents, motor vehicle accidents, explosions, construction accidents, scaffolding collapses, crane accidents, backhoe accidents, and forklift accidents. Regardless of fault, an injured employee may be eligible for workers’ compensation for any injury or illness sustained while working.
Get Legal Help from Our Newark Workers’ Compensation Lawyers
Were you seriously injured on the job in Newark or a surrounding area of New Jersey? Are you having difficulty obtaining death benefits after a loved one died in a workplace accident in Newark? Contact a knowledgeable Newark workers’ compensation lawyer to review your workers’ compensation benefits and discuss your legal options as soon as possible.
Davis, Saperstein & Salomon, P.C. can launch an independent investigation into your workplace accident and work to make sure that you receive all the benefits provided by law. Our attorneys can help you explore all of your legal options as soon as you call (800) LAW-2000 or contact us online to take advantage of a free consultation.