What New Jersey workers’ compensation benefits are available to me If I’m injured at work? (Part 2)


Continued from Part 1.

In this second part of a two-part series, New Jersey workers’ compensation lawyer Dan T. Matrafajlo will continue to explain what workers’ compensation benefits are available to New Jersey workers who have been injured on the job.

4. Permanent Total Benefits

You will be entitled to permanent total disability benefits if your work-related injury or illness results in a permanent total injury and prevents you from going back to any kind of gainful employment.

At first, you’ll receive benefits each week for a period of 450 weeks. If you’re able to prove that you remain totally disabled, you may qualify for additional benefits beyond this period, but these benefits might be reduced for wages earned from employment.

The weekly benefit payments equal 70% of your average weekly wage at the time of your injury or illness. It’s subject to a maximum and minimum amount set by the New Jersey Commissioner of Labor and Workforce Development.

You will be presumed to have a permanent total disability if you have lost either two major members of your body or a combination of members of your body (for example, the eyes, arms, legs, hands, or feet). Permanent total disability isn’t limited to loss of body parts, however; you can still qualify if you get injured in a way that makes you unemployable.

5. Death Benefits

Sometimes, the job-related injury or illness results in the death of the worker. If this happens, dependents of the deceased worker will be entitled to receive workers’ compensation death benefits, as well as funeral expenses up to $3,500. These funeral expenses will be paid out by the employer or the employer’s workers’ compensation insurance carrier to whomever is responsible for paying the funeral bills.

The people who are presumed to be the deceased worker’s “dependents” include the surviving spouse, civil union partner, and any natural-born children who were living with the worker at the time of the worker’s death. Children under 18 (or children who are full-time students, up to the age of 32) are presumed to be dependents. Physically or mentally disabled children may be entitled to a greater payment amount. The deceased worker’s parents, grandparents, grandchildren, and siblings are not presumed to be dependents and must prove that they are.

The weekly benefit payment is 70% of the deceased worker’s wages, but there is a statutory maximum and minimum amount that’s set every year by the Commissioner of Labor and Workforce development.

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.