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Our New Jersey Workers' Compensation Lawyers Are Here for You

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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 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.

Image of a workerA 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 Bergen County 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.

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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 is the 26 week rule for workers’ comp in NJ?

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?

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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.
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Free New Jersey Workers’ Compensation Guide

If you’ve been injured while on the job, it’s important to know your rights as an injured worker and the next steps to take. Download our Getting the Benefits You Deserve: Everything You Need to Know About Your Workers’ Compensation Claim today for more information.

Request a Copy of our Workers’ Comp Ebook

Types of Workers’ Compensation Benefits Available in New Jersey

Workers’ comp 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 symbol

    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.

  • Receiving money icon

    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.

  • Receiving bag of money icon

    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.
  • Tomb icon

    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).

  • Receiving money icon

    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.

What Does Worker’s Compensation Cover?

You now know the benfits provided through workmans comp, but what type of injuries are covered? 

  • Traumatic Injuries: These are injuries that result from a specific, sudden event. Examples include falls, cuts, burns, and injuries from machinery.
  • Repetitive Stress Injuries: These develop over time due to the repetitive nature of certain job tasks. Carpal tunnel syndrome, tendonitis, and certain back problems are common examples.
  • Occupational Illnesses: These are diseases or conditions that are caused by exposure to hazardous substances or conditions in the workplace. This can include lung diseases from inhaling toxic fumes, skin conditions from chemical contact, or hearing loss from excessive noise.

Causes of Workplace Injuries

Workplace injuries typically stem from a few common types of incidents. The most frequent causes are:

  • Overexertion and Bodily Reaction: This is the leading cause of non-fatal injuries. It includes sprains and strains from lifting, pushing, pulling, or repetitive motions.
  • Slips, Trips, and Falls: A major cause of injury, this includes falls on wet floors or cluttered areas, as well as more severe falls from ladders, roofs, or scaffolding.
  • Contact with Objects and Equipment: This involves being struck by a falling item, getting caught in machinery, or being crushed or compressed by equipment or objects.
  • Exposure to Harmful Substances: This includes injuries from contact with hazardous chemicals, exposure to extreme temperatures, or airborne illnesses.

If you have been hurt on job due to one of the above, or other, factors, get legal help.

Get Legal Help From Our Workers’ Comp Attorneys Near You In NJ

Quick Call with Garry Salomon: Workers’ Comp & 3rd-Party Cases
Quick Call with Garry Salomon: Workers’ Comp & 3rd-Party Cases

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 for anyone looking for a New Jersey workers’ compensation attorney, including meeting in your home or hospital room if necessary. We charge no fee until there is a recovery for you and your family.

Contact a NJ workmans’ comp lawyer today.

If you have been injured in a job, contact our law firm, Davis, Saperstein & Salomon, P.C. We serve in Bergen County, Newark, Elizabeth, Paterson, and Trenton from our Teaneck and New York offices.

Sources / More Information

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