New Jersey Workers' Compensation Attorney

It is against the law for an employer to discharge or discriminate against you if you have filed or attempted to file a worker's compensation claim.

An employee or their dependents can receive workers' compensation benefits for an injury or death arising out of and in the course of employment. There are five types of Workers’ Compensation Benefits, which includes:

⚪ Medical Treatment
⚪ Wage Replacement Benefits
⚪ Death Benefits
⚪ Vocational Rehabilitation
⚪ Permanent Disability Awards

⚪ Medical Treatment
⚪ Wage Replacement Benefits
⚪ Death Benefits
⚪ Vocational Rehabilitation
⚪ Permanent Disability Awards

Your employer is required to pay for all necessary and reasonable medical treatment, prescriptions, and hospitalization services related to the work injury. There are no deductibles or co-payments. You must notify your employer as soon as possible concerning the treatment being received and the injuries you suffered.

However, your employer has the right to designate the authorized treating physician for all work-related injuries. If your employer neglects or refuses to provide medical treatment or if an emergency exists, may the injured worker choose the treating physician. In the case of the latter, the injured worker should notify the employer as soon as possible concerning the treatment being received.

Temporary Disability is wage replacement while you are unable to work. If you are unable to work and a doctor is saying that you can’t work, you will be eligible to receive temporary disability benefits. You will receive 70% of your average weekly wage subject to each year's maximum and minimum rate. These benefits are provided during the period when a worker is unable to work and is under ongoing medical care.

Temporary Disability benefits are usually terminated when the worker is released to return to work in some capacity or if he or she has reached maximum medical improvement (MMI). MMI is a term that is used when additional treatment will no longer improve the medical condition of the injured worker.

When you are done treating and you have reached maximum medical improvement, you may be entitled to Permanent Disability Benefits. Permanent disability does not necessarily mean you are disabled and unable to work (although it may in some cases).

Permanent Partial Disability means you have suffered a permanent injury, and as a result, you are somewhat less than a whole person or whole employee. If you suffered an injury to your leg, you would receive an award for how much less of a leg you now have. If you injured your hand, you would receive an award for how much less of a hand you currently have. If you hurt your back, neck, shoulder, or internal organs, you will receive an award based upon how much less of a “whole” person you are.

If your injury prevents you from returning to any gainful employment, you may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for at least 450 weeks and may be paid permanently.

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. The benefit amount is divided by the surviving dependents as determined by a judge after a hearing on the extent of dependency. The employer is also responsible for paying up to $3,500 in funeral expenses for a job-related death. These funds are payable to whoever is liable for the funeral bill, be it the estate or an individual.

Dependents include a surviving spouse and children of the deceased. In some cases, other family members (parents, grandparents, grandchildren, brothers, sisters, etc.) may be considered dependents as well.