What Benefits Can You Expect When You File a Workers’ Compensation Claim?


If you’ve been hurt on the job, but you’ve never filed a workers’ compensation claim before, you may be uncertain what benefits to expect. Maybe you’ve heard that you’re entitled to payments for lost wages or medical expenses, or even a lump sum when you have a permanent injury. This blog provides an overview of the benefits available in New Jersey when you submit a workers’ compensation claim.

The Basic Benefits

New Jersey law requires that your employer pay for all “reasonable and necessary medical care” when you have been hurt on the job. New Jersey is not what is known as a “wage loss state,” though, so technically, New Jersey workers’ compensation benefits do not include a provision for lost income. Instead, New Jersey mandates that employers compensate workers for any temporary disability, In essence an income replacement. Furthermore, if your injuries are permanent, even if they don’t keep you from working, you may be entitled to permanent disability compensation.

How Are Disability Payments Calculated?

For a temporary disability—where you were off work at least seven days, but are expected to or have returned to work—your temporary disability payments are calculated by taking 70% of your average weekly wage (AWW)—the average you earned over the last 52 calendar weeks. You may also be subject to maximum and minimum rates weekly benefits. To continue receiving any disability payments, you must remain under medical care. In addition, you can only receive temporary disability payments until you go back to work or until you have reached maximum medical improvement (MMI).

If, on the other hand, your disability is considered permanent, it will be identified as either permanent partial disability or permanent total disability. If you have sustained a permanent partial disability, you will be able to return to work, but will also be eligible for payments based on your percentage of disability. If your disability is permanent and total, meaning you can’t return to work, you will be entitled to 70% of your AWW for up to 450 weeks.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We handle all workers’ compensation claims on a contingency basis. We won’t charge you attorney fees if we don’t recover compensation for your losses.

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