New Jersey Workers' Compensation Lawyer

Understanding Workers’ Compensation in New Jersey

Worker’s Compensation is a type of insurance that covers medical expenses and lost wages for employees who are injured or become ill as a direct result of their job. It’s designed to protect workers from financial hardship after a workplace injury or occupational disease.

In New Jersey, employers are required by law to carry workers’ compensation insurance. When a worker is injured, they can file a claim to receive workers’ compensation benefits, such as coverage for medical care, temporary disability benefits if they’re unable to work for a period of time, and permanent partial or total disability benefits if their injuries result in lasting impairment.

Who Is Covered Under Workers’ Compensation?

In New Jersey, almost all employees are covered by workers’ compensation insurance from the moment they start their job, regardless of whether they are part-time, full-time, or seasonal workers. This includes non-profit organizations, corporations, and even small businesses. Coverage extends to various job-related injuries and illnesses, whether they occur at the workplace or at other locations while performing duties related to the job.

However, it’s important to understand that independent contractors, certain agricultural and farm workers, and unpaid volunteers may not be covered under workers’ compensation. If you’re unsure about your coverage, it’s recommended to consult with a knowledgeable New Jersey workers’ compensation lawyer to ensure you understand your rights.

Pursuing Workers’ Compensation Benefits for Injured Employees

In New Jersey, workers’ compensation benefits are designed to provide relief for injured workers and can include the following:

• Medical Benefits: All necessary and reasonable medical treatment, prescriptions, and hospital services related to the work injury are covered under workers’ compensation. This includes but is not limited to surgeries, medications, and rehabilitation services.

• Temporary Total Disability Benefits: If you are unable to work due to a work-related injury or illness, you may be eligible for TTD benefits. These benefits equate to 70% of the worker’s average weekly wage, not exceeding the maximum amount established annually by the Commissioner of Labor and Workforce Development. Benefits will continue until you have returned to work, reached maximum medical improvement (MMI), or reached the statutory 400-week maximum. MMI is defined as the point at which your condition is stable and no longer expected to improve with further medical treatment, which is crucial for determining the duration and extent of your TTD benefits.

• Permanent Partial Disability Benefits: If a work-related injury or illness results in a permanent partial disability – that is, a disability that is not total but does cause permanent impairment – benefits are based on a percentage of certain “scheduled” or “non-scheduled” losses. Scheduled losses are those involving arms, hands, fingers, legs, feet, toes, eyes, ears, or teeth. Non-scheduled losses involve any area or system of the body not specifically identified in the schedule, such as the back, the heart, the lungs, etc.

• Permanent Total Disability Benefits: If a work-related injury or illness leaves a worker permanently unable to work in any capacity, they may receive permanent disability benefits. These benefits are paid weekly and are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks if the injured employee is able to prove they remain unable to earn wages.

• Death Benefits: If a worker dies because of a work-related injury or illness, death benefits are payable to the dependents of the deceased. These benefits are 70% of the weekly wage of the deceased, divided by the dependents, up to the maximum benefit amount by New Jersey Workers’ Compensation law. In addition, up to $3,500 is available for funeral expenses.

The benefits available to an injured worker and their families can vary greatly depending on the severity of the injury, the extent of disability, and other factors. It’s essential to consult with a New Jersey workers’ compensation attorney who will work tirelessly to ensure you receive benefits.

Common Workplace Injuries in New Jersey

Some of the most common workplace injuries we see in New Jersey include:

• Musculoskeletal Injuries: These types of injuries occur when a worker lifts, pushes, pulls, or carries heavy objects. They can also occur due to repetitive motions that strain muscles and tendons.

• Slip-and-Fall Accidents: These are some of the most common workplace injuries, and they can occur in any industry. They often happen due to hazards such as wet floors, uneven surfaces, or tripping hazards.

• Falling from Heights: This type of injury is prevalent in the construction industry but can also occur in other industries where workers are required to work at elevated heights.

• Vehicle Accidents: Vehicle accidents while on the job can be caused by a variety of factors, such as driver error, faulty equipment, or poor road conditions.

If you have suffered any of these injuries while on the job in New Jersey, it’s important to consult with an experienced workers’ compensation attorney immediately. The team at the Law Offices of Craig A. Altman has extensive experience representing clients who have been injured on the job and will fight for your rights.