New Jersey Workers’ Compensation Benefits: Sick Leave v. Temporary Disability Benefits

Some employees who are injured while on the job or during the course of employment choose to get sick leave instead of filing for New Jersey workers’ compensation benefits. This option is generally chosen in situations where employees either have ample sick days accumulated or want to receive a higher compensation while out of work. Sick leave pays full salary instead of the 70 percent of salary allotment for temporary disability benefits under the workers’ compensation system.

However, your New Jersey workers’ compensation attorney will warn you that if you choose to get sick leave, you are entitled to neither temporary disability benefits nor reimbursement of your used sick leave days.

Exceptions To the Rule

The only exception to this rule is applies to school employees. More specifically, under New Jersey state statutes, teachers and other school employees are permitted to receive their full salaries and lose no sick leave during periods of work-related disability. After the school employee has used up all of his or her sick leave, he or she may be eligible for additional temporary disability benefits.

However, a teacher who does not plan to work during summer break is not entitled to temporary disability benefits.

Contact an Experienced New Jersey Workers’ Compensation Attorney

For more information about the difference between sick leave and temporary disability benefits and its exceptions or if you have any other workers’ compensation questions and/or concerns, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404. Our experienced New Jersey workers’ comp attorneys will guide you through the complex workers’ compensation process and help you get the maximum benefits that you deserve.

We have offices in Elizabeth, North Brunswick and Newark, New Jersey to better serve you.

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