In New Jersey, as in other states, when you have suffered injury or illness at work or because of exposure to a work-related condition, you have the right to file a workers’ compensation claim to recover benefits for your disability. There are only two requirements to qualify for workers’ compensation—you must have suffered an injury and it must have happened while you were on the job.
The Different Types of Payments
Workers’ compensation payments are categorized as either temporary or permanent, and as either partial or total. Accordingly, you may recover benefits for:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
A temporary disability is one of limited duration. With a temporary partial disability, you may or may not be able to work at all, depending on the nature of the disability. With a temporary total disability, you cannot perform any of the duties of your job.
To qualify for temporary disability benefits in New Jersey, you must miss at least seven full days of work because of your injuries. The benefits paid are 70% of your prior gross weekly wages, but are not subject to income tax. There’s also a cap on the weekly amount paid. You’ll be eligible for payments until you return to work, you’ve reached maximum medical improvement (MMI) or benefits have been paid for 400 weeks.
If you are unable to fully recover from your injuries, you will be eligible for permanent disability benefits. If your disability prevents you from working in any capacity, you’ll receive permanent total disability payments (for as long as you are disabled).
If you have a permanent disability, but can return to work, you may still be eligible for some type of payment for your disability. The compensation for those types of injuries falls into one of two categories:
- Scheduled losses—those types of injuries specifically identified under the workers’ compensation laws, typically covering injuries to extremities.
- Nonscheduled losses—all other types of disabilities
The actual amount of a permanent partial disability payment depends on the degree of loss of use as well. For example, if you have an injury to your hand, but it only leads to a 50% reduction in use, you’ll receive one half of the amount set forth in the schedule of losses for hand injuries.
Contact Our Office
For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.
We take all nursing home neglect and abuse claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.