Workers Compensation Basics
August 01, 2017
Employees are entitled to Workers’ Compensation health benefits for medical care when they are injured while on the job. How severe the injury is and how quickly the employee recovers will determine what other types of Workers’ Compensation benefits are available. Workers’ Compensation benefits fall into five different categories:
- Medical benefits for injuries sustained at work
- Temporary total disability benefits are activated when a worker is disabled for more than seven days
- Permanent partial disability benefits when an employee is partially disabled because of an injury and is not expected to fully recover from the injury
- Permanent total disability benefits are activated when an employee cannot perform any sort of gainful employment after a work-related injury and there is no expectation for improvement
- Death benefits can be provided to the dependents of a worker who has died as the result of a work-related accident or illness
In New Jersey, there are two different types of Workers’ Compensation claims:
- Traumatic injury claims: Claims that are related to a one-time psychological or physical event that may have caused the disability
- Occupational disease claims: Claims related to illnesses or repetitive stress injuries
Determining Eligibility for Workers’ Compensation Benefits
Before any employee can be eligible for Workers’ Compensation benefits, he or she must be able to prove that an actual employee/employer relationship exists. This is a legal test that can come into question where the employee works under a contract or in other various situations. A qualified Cherry Hill Workers’ Compensation lawyer can assist in helping you determine whether your situation would likely qualify under this test.
Additionally, employees must demonstrate that the injury or the illness arose out of and during the employment. In the case of an illness, you may have to show evidence that the illness was related to the job. If an injury is involved, the legal question will be whether you were on the job when the injury occurred.
For medical benefits, an employer must provide employees with immediate necessary and curative treatment until the employee reaches maximum medical improvement (MMI). This refers to the case when medical professionals have determined that the injury is not likely to improve any further. Eligible employees are typically able to receive a portion of their lost wages until they have reached MMI.
Although there is the potential for the worker to receive a permanent Workers’ Compensation award, the employee must provide substantial medical evidence to prove the extent of the injury. Workers are not entitled to recover compensation for pain and suffering under Workers’ Compensation laws. However, if the injury was caused by the negligence of a third party, such as those sustained in a car accident or construction accident, victims and their families may have additional options for recovery of damages.
Cherry Hill Workers’ Compensation Lawyers at DiTomaso Law Can Help You Obtain Workers’ Compensation Benefits
Call DiTomaso Law today at 856-414-0010 to schedule a free confidential consultation with one of our knowledgeable and highly skilled Cherry Hill Workers’ Compensation lawyers. You can also submit an online inquiry form.
Our offices are conveniently located in Cherry Hill, New Jersey and Philadelphia, serving clients throughout South Jersey, including those in Burlington County, Camden County, Salem County, Gloucester County, Cumberland County, and Atlantic County. Additionally, in Pennsylvania, we serve Philadelphia County, Bucks County, Montgomery County, Delaware County, and Chester County.
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