NJ Workers’ Compensation FAQ

Frequently Asked Questions About New Jersey Workers’ Compensation

At the Clifton, New Jersey law firm of Silverman & Roedel, LLC, we often answer clients’ questions about the Workers’ Compensation program. Below are some of the most common questions and answers. For more detailed information, call us at 973-772-6411 or contact us online.

Q. What should I do after I get hurt at work?

A. Report your injury right away to your supervisor or human resources department, even if you think that the injury was not significant. You must report your workplace injury within 90 days. If your employer does not offer medical treatment, make an appointment right away with your own doctor. Notify your employer that you have done so. This could be very important later on if you need additional benefits.

Q. Do I need a lawyer for a Workers’ Compensation claim?

A. You may not need a New Jersey Workers’ Comp attorney for a minor claim if everything goes smoothly. However, it is difficult to anticipate how a seemingly insignificant injury could affect you in the future. Don’t take chances; call a lawyer who can advise you about your Workers’ Compensation rights, whatever the nature of your injury.

Q. How do Workers’ Compensation attorneys get paid?

A. It costs an injured worker nothing to hire a Workers Compensation lawyer, because attorneys handle these cases on a contingency basis: They don’t get paid until you receive benefits. That is why you can trust an attorney to tell you the truth about your case—if they think that the case will be straightforward and require very little legal work, they will tell you. By law, they can only charge you up to 20 percent of any settlement or benefit you receive.

Q. Who is covered by New Jersey Workers’ Compensation?

A. New Jersey Workers’ Compensation covers almost all injuries that happen at work. There are a few exceptions: Additionally, the law covers almost all workers, including domestic workers and agricultural workers. The main exceptions are independent contractors, also known as 1099 employees, and workers covered by federal Workers’ Compensation programs, such as seaman, maritime workers, railroad workers, and federal employees.

Q. What types of injuries are covered by New Jersey Workers’ Compensation?

A. Almost all work-related injuries are covered in NJ, even if you were at fault. There are exceptions, however. Expect an employer and its insurance company to fight your claim if they believe that you were incapacitated by alcohol or drugs or were engaged in misconduct. Moreover, if they believe that your injuries were self-inflicted rather than accidental, they will almost certainly fight your claim for benefits.

Q. What kinds of benefits does Workers’ Compensation pay?

A. New Jersey Workers’ Compensation pays the following benefits:

  1. Medical benefits, including treatment by doctors and other medical professionals, hospital stays, physical therapy, and prescription drugs.
  2. Temporary total benefits, which cover 70 percent of the workers’ average weekly wage and kick in when a disability lasts for more than seven days. Benefits are paid retroactively to the first missed day of work and continue until the employee can return to work, reaches maximum medical improvement, or reaches the cap of 400 weeks of benefits.
  3. Permanent partial benefits, which are paid based on the level of functional loss caused by the injury.
  4. Permanent total benefits are paid when a worker cannot return to work of any type after an on-the-job injury. These benefits are 70 percent of an employee’s average weekly wage.
  5. Death benefits, which pays dependents after a work-related death. These include death benefits and payments equal to 70 percent of the deceased worker’s average weekly wage.

Q. Can I be fired for filing a Workers’ Compensation claim?

A. New Jersey law prohibits an employer from firing an employee for filing a Workers’ Compensation claim. It also prohibits employers from discriminating against workers for filing Workers’ Compensation claims in matters such as promotion and work assignments.

Questions About Workers’ Compensation? Contact Our Clifton, New Jersey Law Firm.

For more answers to questions about New Jersey workers’ compensation, call Silverman & Roedel, LLC at 973-772-6411 or contact us online. Let us put our knowledge and experience to work for you. We have offices conveniently located in Clifton and Newark, NJ. We also represent clients across New Jersey, including Paterson, Passaic, East Orange, Irvington, Hackensack, and Garfield, NJ.

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