New Jersey Workers Compensation Lawyer

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It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury, occupational disease or death. Under New Jersey law, all employers that are not covered by the federal program must secure worker's compensation coverage.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

In the state of New Jersey, Worker's Compensation is technically elective, but practically compulsory, and waivers are not permitted. There are no numerical exceptions, and the employer selects the physician for their employees. The waiting period for compensation benefits after the injury is seven days, though the exceptions to that with no waiting period are volunteer firemen, volunteer first aid or rescue squad workers, forest five wardens or fighters, members of boards of education, county five marshals, and volunteer special reserve or auxiliary policemen. Compensation is retroactive if the disability continues for seven days from the date of the injury, and attorney fees are maximum 20%.
There is no time or monetary limits regarding worker's compensation benefits for eligible workers.

Proof of worker's compensation insurance coverage must be placed in a prominent place for all employees to view. If an employee disagrees with his or her employee's determination or their insurer's determination of an injury, the employee has the right to file a claim with the Division of Worker's Compensation in New Jersey. An attorney who specializes in this type of litigation may be contacted, as well.

Minors are entitled to the same benefits as other employees in the state of New Jersey. However, benefits may be doubled in some circumstances involving violations of child labor laws.

If an employee is injured on the job, he or she must give notice to an authority figure at their place of work in writing in a timely manner.

Worker's compensation benefits are not subject to taxation in the state of New Jersey.

For temporary total disability (TTD) and permanent total disability (PTD), and permanent partial disability (PPD) payments are a percentage of the employee's weekly wages. Payments for TTD continue for a period of time determined by state law. Payments for PTD may last as long as the employee is disabled, however in some situations, they may last for the employee's entire lifetime. PPD payments continue for a period of time determined by state law. Payments for TTD, PTD, and PTD cannot be below the weekly minimum amount or exceed the weekly maximum amount.

Employers that are eligible for worker's compensation can receive vocational and physical rehabilitation benefits. In some circumstances, the employee can receive compensation for occupational hearing loss.

If the employee dies as a result of his or her injury, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. The spouse and children shall receive at least the minimum benefit, regardless of the employee's past earnings. Funeral expenses are available in the state of New Jersey.


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