Website Dot Com

The Worker’s Compensation system in New Jersey provides benefits to worker’s injured or whom contract an occupational disease during their course of employment.  Benefits include the payment of medical bills, temporary lost wages and compensation for any resulting permanent injury.  Almost every worker is covered including farm workers.  Persons considered to be independent contractors are not covered.

An injured worker must notify their employer of their accident within 90 days of the happening of the accident.  Of course, whenever possible notice should be given as soon as possible.  It is not necessary to provide the notice in writing.

If you are in need of medical attention or your employer is not providing temporary wages you should promptly contact an attorney who may assist you in getting authorized treatment and the payment of temporary disability.

It is very important to note that you only have two years to file a formal claim petition.  If it is not filed within two years of the date of the injury or the last payment of compensation, whichever is later than you will be forever barred from doing so.  Authorized medical treatment is considered compensation. In cases involving occupational illness, the Claim Petition must be filed within two years from the date the worker first learned of the condition and its relationship to their employment.

Many clients are fearful that their employer will fire them or in some other way take action against them for making a claim.  You should take comfort in knowing that the law prohibits an employer from discharging or discriminating in any way against an employee for making a claim for workers’ compensation benefits.

So what exactly are you entitled to?  First you are entitled to all necessary medical treatment.  Your employer has the right to designate the treating physician.  In the event of an emergency an employer can seek treatment without first seeking authorization from their employer.

Second, you are entitled to lost wages (temporary disability benefits) after missing seven calendar days from work.  This benefit is paid at a rate equal to 70% of your gross weekly wages received at the time of the injury up to a maximum established yearly by the Commissioner of Labor and Workforce Development.  For example in for calendar year 2006 that amount is $691.00.

Third, when an injury results in a permanent partial disability benefits are based upon a percentage of disability to a “scheduled” body part including arms, hands, fingers, legs, feet, toes, ears, eyes or teeth.  Benefits are also paid for “nonscheduled” losses involving the back, heart, neck, lungs, etc.

Lastly, an employee or their family may be entitled to other benefits if they are totally disabled or if the injured employee dies.  These benefits will not be discussed in this article.

In summary, the Workers’ Compensation system is designed to assist all injured employees.  With the necessary knowledge you too can let the system WORK for you.

This article is intended to provide general information only.  It is not intended to be a substitute for a consultation with a lawyer.  The facts and circumstances of every case are unique.  The New Jersey workers compensation attorneys at Shapiro & Sternlieb, LLC invite you to contact them with any questions you may have.