Worker's Compensation

New Jersey Worker's Compensation Attorneys

Workers' compensation is a "no fault" insurance program that provides various benefits to employees who suffer job-related injuries or illnesses. These benefits include medical benefits, temporary total benefits, permanent partial benefits and permanent total benefits. It also provides death benefits to dependents of workers who have died as a result of their employment. Thus, an injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts.

Eligibility

The type of employee or the nature of work does not usually matter. Thus, government to private sector, union to non-union, full time to part time; most workers may be covered. The only real issues are when and where did the injury occur as well as the extent of the injury.

Lawyer's Fees

An attorney cannot charge a fee to represent you in a workers' compensation matter. Any counsel fee, which can never be more than 20% of the benefits awarded, is set by the judge assigned to your case.

Medical Benefits

The benefits include all necessary and reasonable medical treatment, prescriptions and hospitalization services related to the work injury. However, the employer has the right to designate the authorized treating physician for all work related injuries.

Temporary Total Benefits

If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive temporary total benefits at a rate of 70% their average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. These benefits are provided during the period when a worker is unable to work and is under active medical care.

Permanent Partial Benefits

When a job related injury or illness results in a partial permanent disability, benefits are based upon a percentage of certain "scheduled" or "non-scheduled" losses. A "scheduled" loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. A "non-scheduled" loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, the heart, the lungs. These benefits are paid weekly and are due after the date temporary disability ends.

Permanent Total Benefits

Sometimes when a work injury or illness prevents a worker from returning to any type of gainful employment, he or she may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Permanent Total benefits are paid weekly and are based upon 70% of the average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. Permanent Total Disability is also presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of injuries that render the worker unemployable.

Death Benefits

Dependents of a worker who dies because of a work related injury or illness may be eligible to receive death benefits. The weekly benefits payments are 70% of the weekly wage of the deceased worker, not to exceed the maximum benefit amount established annually by the Commissioner of Labor. The benefit amount is divided by the surviving dependents as determined by a judge after a hearing on extent of dependency.

A surviving spouse and natural children who were a part of decedent's household at the time of death are conclusively presumed to be dependents. A surviving spouse and natural children who were not a part of the decedent's household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc.) must prove actual dependency. Children who are deemed to be dependents remain so until the age of 18 years or if a full-time student, until the age of 23 years.

District Offices

There are fifteen district offices in New Jersey: