Workers’ Compensation Claims in New Jersey
Our Workers’ Compensation Lawyer in NJ Explains What Your WC Claim Rights are in the Garden State
Were you or your loved one hurt on the job, or suffered an occupational-related illness?
New Jersey law requires that employers carry workers’ compensation insurance for just this purpose. This is a no-fault system where an injured worker can recover compensation for medical bills, lost wages, and sometimes other re-training, future disability, or other benefits. Although the intent is for a fast and efficient system, sometimes filing a claim like this can be a complicated process. It is highly recommended that injured workers hire an experienced workers’ compensation lawyer in NJ whose experienced and knows the system in order to maximize your recovery.
With over 30 years of experience, Nugent Law has the experienced lawyers injured workers need. Our skilled and knowledgeable team has a proven track record of success representing the rights of injured workers throughout New Jersey. Learn how we can help you by scheduling a FREE consultation with one of our workers’ compensation attorneys in NJ by dialing (856) 596-9770.
Initial Steps to Support Your WC Claim in New Jersey
Your first step in making a successful workers’ compensation claim in New Jersey is to get medical help right away, the sooner the better. Be sure to let the medical staff know that your injury or illness is work-related because this will help to ensure that your bills will be paid through workers’ compensation insurance. Note the details of your injury or illness (preferably in writing) and notify your employer as soon as possible.
Make sure you comply with all guidelines or requirements imposed by your employer or the WC carrier. Do not delay in filing a claim or responding to requests for follow-up information. Remain courteous and respectful at all times to the adjuster and any WC physician examining you. Most importantly, seek legal counsel to help protect your rights to compensation under the law.
Types of WC Benefits in NJ
New Jersey recognizes these five types of workers’ compensation benefits:
- Medical benefits: The employer or the employer’s insurance carrier pays all necessary and reasonable medical bills related to treatment for the work related injury.
- Temporary disability benefits: Workers injured for more than seven days and under active medical care may be eligible for benefits of 70% of their average weekly wage not exceeding 75% of the Statewide Average Weekly Wage (SAWW). These benefits end when the worker is released to return to work, or when the worker’s medical condition will no longer improve. Those workers may be eligible for permanent partial benefits, or permanent total benefits.
- Permanent partial benefits: Workers with a “scheduled” job-related loss or illness (including teeth, ears, eyes, feet, toes, legs, fingers, hands, or arms) or “non-scheduled” (including areas not specifically listed on the schedule, such as the lungs) are paid weekly benefits on the day when a temporary disability stops.
- Permanent total benefits: Workers who lost two major members (or a combination of members) like arms, hands, legs, feet, or eyes are considered to have a permanent total disability. When a worker’s injury is so serious that they will be disabled from any gainful employment, then they might qualify for 450 weeks of permanent total disability benefits. This benefit might be extended for those still unable to work, and weekly payments are based upon 70% of the average weekly salary, not exceeding 75% of the SAWW or below the minimum rate of 20% of the SAWW.
- Death benefits: Survivors of workers who died from a work-related illness or injury may be eligible for a share of death benefits that are 70% of the decedent’s weekly wage, not exceeding the maximum benefit allowable. Survivors include the decedent’s spouse and natural children in the household (actual dependency of a spouse, natural children, and others such as parents and grandparents not part of the decedent’s household at death must be proven). Dependent children remain so until age 18, or age 23 if a full-time student. Physically or mentally disabled children may qualify for other benefits. Funeral expenses up to $3,500 may be payable to the estate or to one paying a funeral bill.
Still Unsure of Your Rights in NJ? We Can Help
With over 30 years of representing injured workers in New Jersey, our work injury attorneys at Nugent Law have the skill, knowledge, and experience necessary to ensure your rights under the law are protected.
If your claim was denied by your employer or the WC carrier if you were offered an unfair amount, or you have been ignored and without any reimbursement, then it is time to contact the workers’ comp lawyers at Nugent Law to learn what your next steps to compensation may be under NJ law.