Types of Workers’ Compensation Benefits
In New Jersey, the law mandates that all employers who are not covered by federal programs must have Workers’ Compensation coverage or be approved for self-insurance. If you have suffered a work-related injury or illness, you should be covered by Workers’ Compensation benefits, which can include some or all of the following:
- Medical benefits: All your necessary and reasonable medical care related to your injury should be covered, including hospital stays, prescription medication, and prosthetics. It is important to document all of your treatment and report it to your employer.
- Mileage reimbursement: Your mileage to and from your medical appointments is covered by Workers’ Compensation.
- Death benefits: These benefits are paid to surviving family members of a worker who suffered a fatal work injury and may include funeral and burial expenses.
- Vocational rehabilitation: This is available if you are unable to continue the type of work you were doing pre-injury.
Wage loss benefits are available if you are unable to work for more than seven days. The way your benefits are calculated depends on your type of injury. The following are the different types of benefits you may be eligible for:
- Lump sum settlement: This one-time payment is issued to the injured employee in exchange for certain rights. Once the settlement is issued, the employee can no longer seek additional damages.
- Temporary Total Disability Benefits: These are paid if your work injury prevents you from returning to work temporarily. These are also calculated as 70 percent of your pre-injury average weekly wage.
- Permanent Partial Disability Benefits: These are paid as a percentage of certain non-scheduled or scheduled losses if you suffered a permanent work injury that still allows you to perform minor work. This means that a specific value is assigned to scheduled losses, such as a finger, hand, arm, toe, foot, leg, eye, or ear. Unscheduled losses are those are not specifically listed, such as the back, heart, or lungs. These benefits are paid weekly after the temporary disability ends.
- Permanent Total Disability Benefits: These are available if your injury or illness is so severe that you are permanently incapacitated and cannot return to work. These benefits are paid at 70 percent of your average weekly wage for a total of 450 weeks. If you can prove that you are still unable to earn a living, your benefits can continue. Weekly benefits cannot be greater than 75 percent of the average weekly wage that is paid statewide.
Filing a Claim for Workers’ Compensation
A work injury can significantly affect your health, your quality of life, and your future earning capacity. The law prohibits employers from retaliating against an employee who claims or attempted to claim Workers’ Compensation benefits. If you have been injured in a work-related accident, be sure to notify your employer immediately and seek care from a medical professional. In New Jersey, if you wait longer than 90 days to report your work injury, you lose your right to receive Workers’ Compensation benefits.
There is no requirement to use an attorney to file a claim for benefits, but working with a qualified Workers’ Compensation lawyer who knows the system can save you the time and stress spent trying to figure it out on your own. You may also be eligible for more benefits than you realize and that is where an experienced attorney can make the difference in the compensation you receive.
Cherry Hill Workers’ Compensation Lawyers at DiTomaso Law Help Injured Workers Receive Benefits They Deserve
If you were injured in a work accident, the Cherry Hill Workers’ Compensation lawyers at DiTomaso Law have years of experience helping injured workers. Let us handle your Workers’ Compensation claim so that you can concentrate on your recovery. Call us at 856-414-0010 today or contact us online for a free consultation. Located in Cherry Hill, New Jersey, we proudly serve injured workers throughout South Jersey, including Mt. Holly and Camden County.