In New Jersey, as in all states, when you have suffered an injury because of the careless or negligent actions of your employer or a co-employee, you have a right to pursue workers’ compensation benefits for any disability experienced, as well as medical expenses. One of the first questions most people ask, after being hurt on the job, is “how much will I be paid in benefits?”
Temporary Disability Benefits
If your workplace accident or illness prevents you from working, but you are able to fully recover and return to work without any limitations, you’ll likely be eligible only for temporary disability benefits. In New Jersey, these are calculated based on your average gross weekly wage for the last 52 weeks. The benefit amount cannot exceed 70% of your gross weekly wage or salary, and will be capped at $896 per week (up to $903 in 2018). You are eligible to receive benefits until one of the following happens:
- You have received temporary benefits for 400 weeks
- You have been determined to have attained "maximum medical improvement" by a company approved doctor
- You have been able to return to your job
Permanent Disability Benefits
Permanent disability benefits may be total or partial. A total disability is one that prevents you from working in any capacity. If your disability is permanent and total, you will be entitled to receive benefits at the weekly rate for as long as your disability continues. You may also be required to certify your disability status on a regular basis.
If your disability is permanent, but only partial, it will fall under one of two categories: a scheduled loss or a non-scheduled loss. “Scheduled” losses are those types of injuries that appear on a list, or schedule, and usually involve injuries to specific parts of the body, such as arms, legs, hands, feet, fingers and toes. With these types of injuries, the “schedule” identifies a specific number of weeks of disability payments, based on the specific type of injury.
Any injury that does not appear on the schedule is referred to as a “non-scheduled” loss. This customarily refers to injuries to the head, spine and organs. You can receive weekly payments for up to 600 weeks, depending on the severity of your injury.
Contact Our Office
At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in New Jersey who are involved in or contemplating filing for divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.