Understanding Workers’ Compensation in New Jersey: A Comprehensive Guide

The process of recovering workers’ compensation benefits can be both frustrating and tedious, but an experienced workers’ compensation attorney could make it easier for you, especially if you or a loved one has been hurt on the job and your claim has been denied.  Our firm can assist you in fighting through all the obstacles that may prevent you from receiving medical treatment and wages.

Under New Jersey’s Workers’ Compensation Law, workers who suffer injuries or occupational diseases while in the course of their employment are entitled to a variety of benefits from their employers.  These benefits include medical treatment, temporary disability benefits payments which is the benefit paid to the injured worker is unable to work and receiving authorized medical treatment, plus a monetary award for permanent injuries. Dependents, typically spouses and minor children of workers who die from work-related injuries or diseases, are also entitled to benefits.

Workers’ compensation is an essential part of the employment landscape, providing vital protection for both employees and employers. In New Jersey, the workers’ compensation system is designed to ensure that workers who are injured on the job receive the necessary medical care and financial support while protecting employers from potential lawsuits. Here’s an in-depth look at how workers’ compensation works in New Jersey.

In recent years, New Jersey has seen changes in its workers’ compensation laws to improve coverage and benefits for workers. This includes adjustments to compensation rates and enhanced measures to prevent workplace injuries. Employers and employees should stay informed about these changes to understand their rights and responsibilities fully.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. These benefits typically cover medical expenses, wage replacement, and, in some cases, vocational rehabilitation or permanent disability compensation.

Key Features of New Jersey’s Workers’ Compensation System

  1. Coverage: Almost all New Jersey employers are required to have workers’ compensation insurance, ensuring that their employees are covered in case of a work-related injury or illness. This includes full-time, part-time, and seasonal workers.  This coverage is only offered to workers who suffered injuries during the course of their employment.  It is improper to make a claim for injuries sustained while not on the job or during the course of your employment.

It should be understood that workers compensation is considered a “no-fault” insurance program, so even if the employee is at fault for the injury sustained, the employer’s workers compensation carrier is still responsible to pay for all authorized medical treatment and benefits outlined below, with the understanding that the employee will not bring a civil action against the employer for pain, suffering or other damages.  A civil suit is separate and apart from a workers compensation claim and can only be made if there is proof the employer caused intentional acts of harm to the employee.

However, if your employer does not have workers’ compensation insurance, you may be able to file a claim with under the New Jersey “Uninsured Employer’s Fund” to receive benefits for your work-related injury, or you could potentially sue your employer directly through a personal injury lawsuit, so it is crucial to consult with Chance & McCann, LLC, to understand your options and next steps.

  1. Benefits: The benefits provided under New Jersey’s workers’ compensation include:

– Medical Benefits: This is coverage through the employer’s workers compensation insurance carrier which is responsible for the payment of all necessary and reasonable medical treatment related to the injury or illness.

– Temporary Total Disability: Wage replacement benefits if an employee is unable to work for more than seven days. This is typically 70% of the worker’s average weekly wage, subject to state-set limits, and is also paid through the employer’s workers’ compensation insurance carrier.

– Permanent Partial Disability: Compensation for employees who suffer permanent impairments but can still work in some capacity.

– Permanent Total Disability: Benefits for workers who cannot return to any form of gainful employment due to their injuries.

When it comes to permanency partial and permanent total disability benefits, those figures are determined once you have completed all authorized treatment and undergo what is referred to as a permanency evaluation.  Each side will have you see their respective expert for the sole purpose of determining a percentage of disability.  We use those percentages to settle your claim, which will be explained more in depth when the time comes to settle your claim.

– Death Benefits: Financial compensation to dependents if a work-related injury or illness results in death.

  1. Filing a Claim: Employees should report work-related injuries to their employer as soon as possible. It is crucial to adhere to reporting timelines to avoid delays or denials in receiving benefits. The employer will then notify their insurance carrier to process the claim.  Some employers can electronically file their First Report of Injury with their workers compensation insurance carrier making the process even faster.

Once you notice your employer of the injury, the employer may advise you to go to the hospital, or go see their doctor, to address your injury.  Be aware that if you decide to go to the hospital, to advise that you were hurt on the job and be sure to turn any hospital bills into your employer for payment by their workers’ compensation insurance carrier.

Upon having your claim established with the workers’ compensation insurance carrier, an adjuster will be assigned to the handling of your claim.  The adjuster is then responsible for scheduling your appointments for treatment and seeing to the payment of your temporary benefits, if you are not able to work due to your injuries.

  1. Dispute Resolution: If you find If there is a dispute over a workers’ compensation claim, it is strongly recommended that you consider consulting with our office so that we can protect your interests.  We can file a Claim Petition on your behalf.  Once our office becomes involved, a Judge will be assigned, and the matter will be added to that Judge’s calendar which requires both sides to provide the court with updates as to the status of the case.  It also allows our office to file a Motion on your behalf, should the need arise, through the Division of Workers’ Compensation in New Jersey.
  2. Employer Responsibilities: Employers must maintain workers’ compensation insurance, report injuries to their insurance carrier promptly, and ensure a safe working environment to minimize the risk of workplace injuries.

Conclusion

Workers’ compensation is a critical component of the workplace safety net in New Jersey. It ensures that injured workers receive the necessary support while protecting employers from costly litigation. By understanding how the system works, both employers and employees can better navigate the process and ensure compliance with state laws. For those facing work-related injuries, consulting with a legal professional specializing in workers’ compensation can provide valuable guidance and assistance.

If you have been injured on the job, contact Chance & McCann today to schedule a consultation.  We emphasize personal service to all our clients at every stage of their legal matter.

Why Choose Us

We may be a small firm in a small town, but our dedication to you is immense. Being small, we can provide our clients with more personal service. From your first visit until your case is resolved it will be evident how much we care.

We have vast legal experience and have been zealous advocates for all of our clients for many years. Although most cases can be settled out of court, knowing that you have an experienced trial attorney in your corner will give you the confidence you need to get the best result possible, in or out of the courtroom.

Kevin P. McCann of Chance & McCann, LLC is a Certified Civil Trial Attorney. The Board on Attorney Certification was established by the Supreme Court of New Jersey in 1980 for the purpose of helping consumers find attorneys who have a recognized level of competence in particular fields of law. Attorneys may be designated by the Supreme Court as “certified attorneys” if they: are able to demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice; have passed a rigorous examination; and have been recognized by their peers as having sufficient skills and reputation in the designated specialty.

The Supreme Court, through recommendation by the Board, currently certifies attorneys in five areas: civil trial law, criminal trial law, matrimonial law, workers’ compensation law, and municipal court law.

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