New Jersey Workers Compensation Law

In the State of New Jersey, each employee injured at work (regardless of fault) is entitled by statute to three benefits:

MEDICAL TREATMENT

  • Your employer is required by law to pay for and provide medical treatment when you are injured on the job. In addition, your employer’s insurance company has the right to select your medical providers.
  • Unless you are treated by authorized medical providers (except for emergencies) you may jeopardize your right to benefits.

TEMPORARY DISABILITY

  • When you are temporarily totally disabled from working for at least eight (8) days, you are entitled to be paid 70% of your salary.
  • In the year 2017, the weekly statutory minimum payment for temporary disability is $239.00, while the statutory maximum is $896.00.

PERMANENT DISABILITY

  • Benefits are based upon a percentage of certain “scheduled” or “non-scheduled” losses. A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. A “non-scheduled” loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, the neck, the heart and the lungs.
  • These benefits are paid weekly and are due after the date temporary disability ends.
  • You are entitled to receive a cash award for objective evidence of a permanent injury. Your employer and its insurance company may not advise you of this legal benefit, which you cannot obtain without the filing a claim petition with the Court.
  • Hiring a lawyer to represent you is the easiest way to receive this cash settlement. In most cases the legal fee is 8% of your gross recovery.

REMEMBER

“It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim Workers’ Compensation benefits from such employer…”

Title 34 > Chapter 15 > Article 39.1