Frequently Asked Questions About Workers’ Compensation
Below are answers to some of the most frequently asked questions about workers’ compensation in New Jersey.
What Is Workers’ Compensation?
Workers’ compensation is a system established under state law that provides certain benefits to employees who suffer work-related injuries or illnesses. The cost of treatment and benefits is paid by the employee’s employer or, more frequently, the employer’s workers’ compensation insurance carrier.
Who Is Eligible for Workers’ Comp?
Any employee who does work for compensation is eligible for workers’ comp benefits for an injury that occurs in the course and scope of the employee’s job, regardless of how the injury or illness occurred or who may be at fault for causing it.
What Benefits Does Workers’ Comp Provide?
Workers’ compensation benefits include payment for all reasonable and necessary treatment of a work injury or occupational illness, partial wage replacement for temporary or permanent disability from work, or financial payments for permanent partial disabilities. Workers’ compensation can also provide financial payments to the family members of a worker who passed away due to a work injury or illness.
When Do I Start Receiving Workers’ Comp?
Medical treatment is typically covered immediately after you suffer a work injury or report a work injury or occupational illness to your employer. You can also begin receiving permanent disability benefits once you are diagnosed as permanently disabled. However, temporary disability benefits will only begin once you have missed at least seven total days from work due to an injury or illness.
What Steps Should I Take If I’ve Been Injured on the Job?
If you were hurt at work, you should notify your employer as soon as possible and seek immediate medical attention. It may also be helpful to speak to a workers’ compensation attorney to better understand your legal rights and obligations when pursuing a workers’ comp claim.
Should I Hire a Workers’ Compensation Attorney?
You may need a workers’ compensation attorney if your employer has denied your workers’ comp claim or if your employer is seeking to terminate your benefits before you believe you have recovered.
What Are My Rights If My Employer Refuses My Workers’ Comp Claim?
If your employer or its insurer denies your workers’ comp claim or refuses to pay you benefits, you have the right to file a formal claim with the New Jersey Division of Workers’ Compensation. The division can facilitate mediation between you or your employer, or hold a hearing and issue a binding ruling on your claim.
Can I Be Fired While on Workers’ Comp?
It is illegal for employers to terminate employees in retaliation for filing a workers’ compensation claim. Terminating an employee because they suffered a work injury or occupational illness may, under certain circumstances, constitute illegal disability discrimination. However, employees on workers’ comp can lawfully be terminated for many reasons, such as in a reduction-in-force or for pre-injury performance or disciplinary violations.
Can I Collect Workers’ Comp Benefits for My Second Job?
If a work injury or occupational illness suffered in one job disables you from being able to go to work in a second job that you hold, you can also receive temporary disability benefits or permanent total disability benefits for that second job. However, the benefits will be paid by the employer that you were working for when you were injured or developed an illness, rather than the employer for your second job.
How Long Do Workers’ Compensation Benefits Last?
Temporary disability benefits are only paid for up to 400 weeks. Permanent partial disability benefits can be paid for up to 600 weeks, depending on the type and severity of the disability. Permanent total disability benefits may be paid for the rest of your life, or as long as you remain totally disabled from doing any kind of work.
Contact a Hazlet Personal Injury Lawyer to Discuss Your Workplace Injury Case in New Jersey
Were you or a loved one injured due to a workplace accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Hazlet, Roosevelt, Upper Freehold, Westfield, Fair Haven, and throughout Monmouth County, Union County, Ocean County, and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet, Westfield, and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
