If you are a worker in New Jersey and have sustained an injury while performing your job duties, it’s important to know that you have rights and access to several benefits under the state’s workers’ compensation system. This blog post aims to provide you with a clear understanding of these benefits and how to navigate the process to ensure you receive the support you deserve.
Workers’ Compensation in New Jersey: An Overview
Workers’ compensation is a no-fault insurance program that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. In New Jersey, this program is mandatory for all employers, ensuring that workers are protected and supported in the event of workplace accidents.
Types of Benefits Available
- Medical Benefits
- Coverage: All necessary and reasonable medical treatment, prescriptions, and hospitalization services related to the work injury or illness.
- Choice of Doctor: The employer or their insurance carrier typically selects the healthcare provider. However, if you wish to change doctors, you must seek approval from your employer or the insurance carrier.
- Temporary Total Disability Benefits
- Eligibility: If your injury prevents you from working for more than seven days.
- Compensation: You are entitled to receive 70% of your average weekly wage, up to a maximum amount set by the state. Benefits are paid until you can return to work or until you reach maximum medical improvement (MMI).
- Permanent Partial Disability Benefits
- Eligibility: If your injury results in a permanent impairment, but you can still work in some capacity.
- Compensation: Benefits are determined based on the specific part of the body that is injured and the extent of the disability, following a schedule established by New Jersey law.
- Permanent Total Disability Benefits
- Eligibility: If your injury or illness leaves you completely unable to work in any capacity.
- Compensation: You are entitled to 70% of your average weekly wage for life, up to the maximum amount set by the state, subject to periodic adjustments.
- Death Benefits
- Eligibility: Available to dependents of a worker who dies as a result of a work-related injury or illness.
- Compensation: Includes up to 70% of the deceased worker’s average weekly wage, distributed among eligible dependents, as well as up to $3,500 in funeral expenses.
Filing a Claim: The Process
- Report the Injury: Notify your employer as soon as possible after the injury occurs. Prompt reporting helps ensure that you receive benefits without unnecessary delays.
- Seek Medical Treatment: Follow your employer’s guidance on which healthcare provider to visit for initial treatment. Keep all medical records and receipts related to your injury.
- Complete Necessary Paperwork: Your employer should provide you with the appropriate forms to file a workers’ compensation claim. Ensure all forms are completed accurately and submitted promptly.
- Cooperate with the Process: Attend all medical appointments and follow your doctor’s treatment plan. Cooperate with your employer and the insurance carrier throughout the process.
Why Legal Representation Matters
Navigating the workers’ compensation system can be complex, especially when dealing with severe injuries or disputes over benefits. Having an experienced workers’ compensation attorney on your side can make a significant difference. An attorney can help you:
- Understand Your Rights: Ensure you are fully aware of the benefits you are entitled to and how to access them.
- File a Claim: Assist with the accurate and timely submission of all necessary paperwork.
- Negotiate with Insurers: Advocate on your behalf in discussions with insurance companies to secure fair and adequate compensation.
- Appeal Denied Claims: Represent you in appeals if your claim is denied or if you face challenges in receiving the benefits you deserve.
Conclusion
Injured workers in New Jersey have a range of benefits available to support them during recovery and beyond. Understanding these benefits and the process for obtaining them is crucial. If you or a loved one has been injured on the job, don’t hesitate to seek legal guidance to ensure your rights are protected and you receive the support you need.
For more information or to discuss your specific situation, contact our experienced workers’ compensation attorney Steven Schepps. We are here to help you every step of the way.