New Jersey workers’ compensation benefits are supposed to take care of you after you suffer a workplace injury. Unfortunately, these benefits can be terminated before you have fully recovered. In many cases, an early termination of benefits is a wrongful termination of benefits. An experienced workers’ compensation lawyer should be consulted to help you take legal action to get your benefits back.
At Davis, Saperstein & Salomon, P.C., our experienced attorneys have helped many clients throughout New Jersey to protect their right to full benefits after a work injury.
Contact us today online or by calling (800) LAW-2000 for a free evaluation of your case and to get answers to key questions, including:
When Should Workers’ Compensation Benefits End?
In New Jersey, a worker who has sustained an on-the-job injury can receive temporary total disability benefits as long as his or her injury causes more than seven days of missed work. These benefits are equal to 70 percent of the worker’s average weekly wage, subject to a maximum and minimum amount.
The benefits payments should continue until it is possible for the worker return to work or until Maximum Medical Improvement (MMI) has been reached. MMI means that there will be no further medical improvements.
If a worker reaches MMI, but going back to work is still not possible, the worker can receive total permanent disability benefits. The initial period of time for these benefits is 450 weeks. After 450 weeks, the benefits will end unless the worker can demonstrate that he or she is still unable to return to work and earn a living.
Benefits can continue on an ongoing basis after 450 weeks with sufficient proof of ongoing disability. Otherwise, they will terminate. Benefits can also end if:
- You refuse to submit to an Independent Medical Exam (IME)
- An IME reveals that you are no longer disabled by your work injury
- You discontinue compliance with a treatment program
- Fraud or misrepresentations are identified in your workers’ compensation claim.
Outside of these and other limited circumstances, workers’ compensation benefits should continue to be there for you for as long as you need them.
Can an Employer Wrongfully Terminate Workers’ Compensation Benefits?
Employers and workers’ compensation insurers may improperly terminate benefits to avoid paying the full amount owed to injured workers.
If an employer or insurer tries to force you back to work before you are ready or claims that you are no longer disabled when you still are, these are examples of situations where workers’ compensation benefits have been wrongfully terminated.
When benefits are ended inappropriately, you can appeal the denial of benefits. For example, if an employer or insurer says your benefits must end because you are cleared to work, you can appeal if you believe you are still too sick or too injured. You will need credible medical evidence to show that you are still too impaired to return to work.
How Can a New Jersey Workers’ Compensation Attorney Help You?
If your workers’ compensation benefits end, and you believe the employer and insurer acted improperly in stopping the benefits, speak with an experienced workers’ compensation lawyer. Your attorney will explain your rights under New Jersey law, evaluate your case and help you to appeal so you can have the best chance of getting your benefits reinstated.
Contact Davis, Saperstein & Salomon, P.C., today to learn more and receive a free, confidential review of your case at our office, your home, the hospital or by computer. You can reach us by calling or using our online contact form.
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