Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
Phone 732-504-3841 Toll Free 877-251-5491

What benefits does Workers' Compensation offer?

The purpose of New Jersey’s Workers’ Compensation system is to provide injured workers the means of recouping lost wages and medical costs after seven days of missed work. In return for this safety net, the worker and the business both forego their rights of bringing suit against the other party for negligence, with some exceptions, according to the New Jersey Business & Industry Association.

All businesses in the Garden State, no matter how small, are required to have this insurance. As long as even one person is on the payroll, Workers’ Compensation must be offered, and typically, it is made available through a private insurance company. Following you will find a closer look at what benefits are available under the system.

Lost wages

An employee who cannot work due to a job-related injury or medical condition can qualify for up to 400 weeks (nearly eight years) of temporary disability benefits. That is if they are expected to recover. The benefits are equal to 70 percent of the employee’s weekly salary, including any bonuses, tips, commissions and overtime. The minimum payment amount is $241, and the maximum amount is $903 for 2018. If there is a permanent impairment or disability, the worker may qualify for lasting benefits.

Medical treatment

If they wish, the employer or insurance carrier can choose the health-care provider for the injured employee. They have the responsibility to provide all needed medical treatment, which can range from artificial limbs to teeth and glasses. This rule does not apply in emergency situations.

Death benefits

Surviving dependents of the employee can receive death benefits, or survivor benefits if the worker dies from a work-related accident. Burial expenses, as well as any medical and hospital bills relating to the incident, are also covered.

Should an accident occur on the job, the insurance carrier or a self-insured company investigates the claim and decides if the worker qualifies to receive Workers’ Compensation benefits. If, as the injured party, you disagree with the finding, you can appeal to the state agency that oversees Workers’ Compensation.

This article contains general information and is not intended to be legal advice.

 

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