Navigating the aftermath of a workplace injury can be a labyrinth of challenges, both emotional and financial. If you’ve been injured at work and are considering applying for New Jersey Workers’ Compensation benefits, you’re likely grappling with questions about your entitlements, the legal process, and what steps you need to take next. To clarify these issues and put your mind at ease, the Epstein Law Firm, P.A. is here to provide you with the experienced guidance you need. Our dedicated team, with its deep reservoir of experience, is committed to helping you access the support and benefits to which you’re entitled.

In New Jersey, workers’ compensation benefits exist as a crucial support for employees who find themselves injured on the job. While these benefits are designed to provide financial support and medical assistance during such challenging times, navigating the intricate legal landscape surrounding workers’ compensation can be a daunting task.

However, working with a legal mind can significantly impact your access to the support you need. The Epstein Law Firm, P.A. has offered invaluable support and guidance for many individuals seeking workers’ compensation benefits in New Jersey. With a remarkable collective experience of 120 years, our dedicated team has worked tirelessly with victims, helping them navigate the complexities of workers’ compensation law and securing the assistance they require. If you are looking for help with your workers’ comp benefits, you can get in touch with our firm and we will assess your case.

Types of Workers’ Compensation Benefits in New Jersey

In New Jersey, there are five types of compensation benefits. These include: 

  • Medical benefits
  • Temporary disability benefits
  • Permanent total disability benefits
  • Permanent partial disability benefits
  • Death benefits

The amount of benefits in each category is dependent on the nature and severity of the illness or injury.

Medical Benefits

One of the fundamental aspects of workers’ compensation is the provision of medical benefits. In New Jersey, an employer has the right to designate an authorized treating physician for all work-related illnesses and injuries. This means that, initially, the choice of medical care provider may be in your employer’s hands.

However, exceptions do exist. In emergencies or if your employer refuses to provide medical treatment, you retain the right to choose your own treating physician. In such cases, prompt communication with your employer is vital, informing them that you are seeking treatment for a work-related illness or injury. This ensures that you receive the necessary medical attention promptly.

Temporary Disability Benefits

Temporary Disability Benefits (TTD) serve as a crucial lifeline for injured workers during their recovery. In New Jersey, these benefits amount to 70% of your average weekly wages before the injury. However, it’s important to note that there are maximum and minimum limits that change annually.

TTD benefits continue until one of the following conditions is met:

  • You are medically cleared to return to your job
  • You have received benefits for  400 weeks 
  • You have reached maximum medical improvement, indicating that further treatment is unlikely to significantly improve your condition

Permanent Total Disability Benefits

For individuals whose injuries have resulted in permanent total disability, New Jersey’s Workers’ Compensation system provides ongoing support. If you meet the criteria, you will continue to receive weekly payments at your temporary total rate. 

However, after receiving these benefits for 450 weeks, you must undergo an evaluation. This evaluation aims to determine whether you have undergone physical or educational rehabilitation as ordered and yet remain unable to earn at your pre-injury level. 

Proving this can extend your benefits for as long as your disability persists, albeit with reduced payments that correspond to any wages you can earn. In some cases, certain severe injuries, such as the loss of both eyes, hands, arms, feet, or legs, are automatically considered to result in permanent and total disability. They don’t require further evaluation to determine the level of disability.

Permanent Partial Disability Benefits

When a work-related injury or illness leaves you with a loss of function or lasting medical condition, you may be eligible for permanent partial disability benefits. The amount you receive hinges on the extent of your impairment and the affected part of your body, in addition to your wages before the injury or illness.

For example, if you’ve had a leg amputation due to your injury, you’ll receive 315 weeks’ worth of benefits, set at 70% of your pre-injury wages. In cases of permanent impairments to other body parts, you may receive a “nonscheduled award” for a maximum period of 600 weeks. The awarded duration corresponds to the level of your disability, as assessed by your doctor. If you are determined to have a 10% disability, you will be eligible for 60 weeks’ worth of workers’ compensation benefits.

Death Benefits

Tragically, some workplace injuries result in the loss of an employee’s life. In such situations, New Jersey’s workers’ compensation system provides death benefits. These benefits involve payments amounting to 70% of the average weekly wage of the deceased employee, with a cap set annually by the labor commissioner. In cases involving multiple dependents, a judge will distribute the benefit amount based on their individual needs.

How To Determine Eligibility for Workers’ Compensation Benefits

Determining eligibility for workers’ compensation benefits in New Jersey involves a set of criteria that injured employees need to understand. These include the following:

  • You must be an employee covered by your employer’s workers’ compensation insurance
  • The injury or illness must be directly connected to your employment
  • Prompt reporting the injury or illness to your employer
  • You must file your claim within two years of the date of the injury or the date you discovered the injury’s relationship to your job
  • Seek immediate medical attention and keep records of all medical treatment related to your work injury or illness. 
  • An evaluation by the insurance company or the Workers’ Compensation court will assess the validity of your claim and your eligibility for benefit

Determining eligibility for workers’ compensation benefits can be complex, and the process may involve legal and medical intricacies. It’s essential to seek prompt legal assistance so that you don’t miss out on benefits.

GettLegal Help with New Jersey Workers’ Compensation Attorney

Proper workers’ compensation benefits require sound legal representation. Navigating the complex landscape of New Jersey’s legal system can be a daunting task if you decide to go alone. Hence, it’s crucial to have a workers’ compensation lawyer by your side. The Epstein Law Firm, P.A. boasts several positive case results with substantial settlements. Don’t face this challenging journey alone; contact us today and let our legal team assist you in your workers’ compensation case.

New Jersey Workers' Compensation Benefits FAQs

What Should I Do After a Work Accident To Pursue Workers’ Compensation?

After a work accident in New Jersey, seek prompt medical attention for your injuries, ensuring all relevant medical records are well documented. Next, report the incident to your employer as soon as possible, preferably in writing, providing details of the accident and your injuries. It’s vital to adhere to the statutory timeframes for reporting to protect your rights. Your employer will initiate the claims process with their insurance provider. After this, consult with a New Jersey workers’ compensation attorney to help you navigate the legal aspects effectively.

Who Determines My Level of Disability in New Jersey?

The determination of your level of disability is conducted by medical professionals. Authorized treating physicians and medical experts will assess your condition, and their evaluations play a pivotal role in determining the extent of your disability. Rightly determining the level of your ability ensures that you get sufficient compensation benefits for your work related injuries.


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