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

What benefits do workers’ compensation laws provide?

Every state, including New Jersey, has workers’ compensation laws to help protect the rights of the injured worker. According to the New Jersey Business & Industry Association, these offer medical treatment, wage replacement and survivor benefits if you or someone you love is injured or killed while on the job. Almost all workplace injuries or accidents are eligible for claims, with the exception being if the worker is intoxicated, the injury is intentional or self-inflicted, the injury happens while the worker is trying to harm another employee, or the worker is purposefully violating the safety rules of the company.

The amount of compensation depends on the severity and nature or the illness or injury. Workers can receive temporary disability benefits if it is believed they will recover soon. These benefits max out at 400 weeks and are based on the average weekly wage of the injured worker. If there is a permanent disability, the worker may also receive permanent disability benefits.

Survivor benefits are also called death benefits and are awarded to the family. Burial expenses, hospital costs and medical bills are covered under survivor benefits. These benefits are paid out to the worker’s dependents.

Medical treatment is also covered through workers’ compensation, but the insurance carrier or employer may choose where you receive that treatment. They may choose the health care provider for things such as glasses, teeth and artificial limbs. This right is not applicable in emergency situations, if the employer allows the worker to choose their own doctor or if the employer will not provide medical treatment to the injured worker.

This information is provided for educational purposes, and should not be interpreted as legal advice.

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