Recovering Benefits When You Have Been Hurt in the Workplace
According to statistics collected by the United States Department of Labor, more than three million workers are injured on the job across the United States every year, but less than half of them file a workers’ compensation claim for benefits. It’s unfortunate, because the New Jersey workers’ compensation laws were enacted, in part, to protect the rights of workers and give them quicker access to benefits after a workplace injury.
How Do You Qualify for Workers’ Compensation in New Jersey?
To be eligible to receive workers’ compensation benefits in New Jersey, you only need to show two things:
- That you suffered an injury
- That the injury occurred in the performance of your job
Unlike most other types of personal injury claims, a workers’ compensation claim does not require that you prove that your employer was negligent. There is, however, a seven-day waiting period before you become eligible.
What Kinds of Benefits Are Available through a New Jersey Workers’ Compensation Claim?
Workers’ compensation benefits will reimburse you for lost wages caused by your injury. The amount of weekly benefits will depend on your average weekly wage for the last 52 weeks at the time of your accident.
In addition, your workers’ compensation benefits should cover all “reasonable and necessary” medical expenses. You will likely be required to submit to a medical examination by a doctor chosen by your employer or the workers’ compensation insurance provider, but you can ultimately choose who will provide your care.
How Long Can You Receive Workers’ Compensation Benefits?
The length of time for which you’ll be eligible for benefits will depend on whether your disability is temporary or permanent, and whether it’s partial or total:
- For a total disability that’s only temporary, you can collect benefits for up to 400 weeks
- For a partial disability that’ permanent, you are eligible for benefits for 600 weeks
- For a total disability that’s permanent, you may be entitled to benefits for life
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a workplace injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.