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United States of America > New Jersey > Litigation Personal Injury > Workplace injury > Article > Benefits Under The New Jersey Workers’ Compensation Act

Article: Benefits Under The New Jersey Workers’ Compensation Act

Workers’ compensation is a “no fault” insurance program that insures workers against injury and/or loss of income as a result of injuries sustained at the workplace. The Division of Workers’ Compensation in the Department of Labor and Workforce Development of the state of New Jersey is responsible for the administration of the New Jersey Workers’ Compensation Act . As per the law, workers must receive fair and timely medical treatment, wage replacement, and permanent disability compensation for work related injuries from their employer and/or insurance carrier. Dependents of an employee who dies as a result of workplace injuries may receive death benefits. An injured employee will receive benefits regardless of who was at fault, but will no longer have the right to bring a civil suit against the employer for pain and suffering, or any other damages, except where the injury is a result of an intentional act. An attorney who specializes in Workers’ Compensation in New Jersey would be able to assist with the process of claiming these benefits.

Benefits under the Act

1) Medical Benefits

These include all the necessary and reasonable medical expenses, including hospital visits, doctor visits, and prescriptions, related to the work injury. In addition, P.L. 2012 Chapter 67, signed into law on November 19th, 2012, states the following: “Fees for treatments or medical services that have been authorized by the employer or its carrier or its third party administrator or determined by the Division of Workers’ Compensation to be the responsibility of the employer, its carrier or third party administrator, or have been paid by the employer, its carrier or third party administrator pursuant to the workers’ compensation law, shall not be charged against or collectible from the injured worker.”

2) Temporary Total Benefits

An injured worker will be eligible to receive temporary total benefit, in case of disability for a period of more than 7 days, retroactive to the first day of lost time. The benefit will be paid at a rate of 70% of the worker’s average weekly wage, and cannot exceed 75% of the Statewide Average Weekly Wage (SAWW), or fall below 20% of the SAAW. The SAAW is established annually by the Commissioner of Labor and Workforce Development. The benefits will be terminated when the worker has returned to work, has reached maximum medical improvement, or has reached the statutory 400-week maximum.

3) Permanent Partial Benefits

When a job-related injury or illness results in a permanent bodily impairment, benefits are based on the individual’s functional loss. The losses could be to any part of the body, such as the arms, legs, back, lungs or heart. These benefits are paid weekly and are due after the date temporary disability ends.

4) Permanent Total Benefits

When a work injury or illness prevents a worker from rejoining work, he or she may be entitled to receive permanent total disability benefits. Permanent total disability can also be presumed in case the worker has lost two major members of the body, such as eyes, arms, legs, hands or feet. These weekly benefits are provided for a period of 450 weeks, but can continue thereafter as long as the injured worker can prove continued totally disability. The benefits are paid weekly at a rate of 70% of the worker’s average weekly wage, and cannot exceed 75% of the SAWW, or fall below 20% of the SAAW.

5) Death Benefits

Dependents of a worker who dies as a result of a work-related injury or illness may be eligible to receive death benefits and funeral expenses up to $3,500. The weekly benefits are 70% of the wage of the deceased worker, and cannot exceed 75% of the SAAW or fall below 20% of the SAAW.

Last Update: 2015-Jun-18 Gerald Clark - Clark Law Firm, PC
The contents of this page do not constitute legal advice or create an attorney- client relationship with the contributor. Do not apply anything you read here without contacting a professional.
Author: Gerald Clark
Law Firm: Clark Law Firm, PC
Address: 811 Sixteenth Avenue
Belmar
New Jersey
07719
United States of America
Telephone: 1-877-841-8855
Website: clarklawnj.com
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