What New Jersey Workers’ Compensation Benefits Are Available to Me If I’m Injured at Work? (Part 1)

The New Jersey workers’ compensation plan offers five types of benefits to those who are injured on the job or suffer from an illness as a result of the job. These benefits are: (1) medical benefits; (2) temporary disability benefits; (3) permanent partial benefits; (4) permanent total benefits; and (5) death benefits. In this two-part series, New Jersey workers’ compensation lawyer Dan T. Matrafajlo will describe in further detail the benefits you may be entitled to.

1. Medical Benefits

Your employer’s workers’ compensation insurance carrier or your employer (if self-insured) must provide for all necessary and reasonable medical treatment, prescriptions, and hospitalization services that are directly related to treating your workplace injury.

Keep in mind that your employer or your employer’s workers’ compensation insurance carrier has the right to pick the medical provider or doctor. If, however, the employer does not provide the medical treatment, then you can freely choose the treating doctor.

If you’re injured and emergency treatment is necessary, you can go to a hospital and get medical treatment without first waiting to get authorization from your employer. You should still try to notify your employer as soon as possible, however, about your treatment.

2. Temporary Disability Benefits

If you’re injured in a workplace accident and it renders you disabled for over 7 days, you may be entitled to receive temporary disability benefits, retroactively payable from the first day of your work loss. This benefit amounts to 70% of your average weekly wage at work (at the time of your injury), and New Jersey law has a statutory minimum and maximum amount for this benefit. As of January 1, 2011, the maximum is $792, and the minimum is $211 a week. These benefits are also temporary: they are paid out to you only until you return to work, have recovered, or have reached the 400-week maximum, whichever comes first.

3. Permanent Partial Benefits

Sometimes, your workplace-related injury or illness might result in a permanent partial disability. If this happens, then your benefits will be determined by a percentage of certain “scheduled” or “nonscheduled” functional losses. A “scheduled” loss is defined as a loss of the arms, hands, fingers, legs, feet, toes, ears, eyes, or teeth. A “nonscheduled” loss is defined as an injury that involves the back, heart, lungs, etc.

Permanent partial benefits are paid on a weekly basis and are due after the temporary disability date ends.

Continued in Part 2

If you’ve been injured on the job and your injury prevents you from working, you may be entitled to workers’ compensation benefits. Let experienced New Jersey workers’ compensation lawyer Dan T. Matrafajlo help you. For a free initial consultation, just fill out the form on this page.