Total Disability v. Temporary Disability

The NJ Workers’ Compensation Law provides for the following benefits: Medical Benefits, Temporary Disability Benefits, Permanent Partial Benefits, Permanent Total Benefits, and Death Benefits to name a few.

Temporary Total Disability Benefits are offered if an injured worker is disabled for more than seven days. The benefits are calculated at a rate of 70% the average weekly wage and cannot exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. Benefits are terminated by when the worker is released to return to work in some capacity, or if the worker has reached maximum medical improvement (MMI). MMI is used when more treatment, if given, will no longer improve the medical condition of the injured worker.

Permanent Total Benefits, on the other hand, occurs when a work injury or illness prevents a worker from returning to any type of gainful employment. These weekly benefits are provided for 450 weeks, and continue past this time as long as the injured worker is able to show that he or she remains unable to earn wages. These benefits are paid weekly and are based on 70% of the average weekly wage, and cannot exceed 75% of the Statewide Average Weekly Wage (SAWW), or fall below the minimum rate of 20% of the SAWW. A combination of injuries that leave a worker unemployable, or when a worker has lost two main members of the body such as eyes, arms, hands, legs or feet, then that person is presumed eligible for Permanent Total Benefits. To find out more about benefits, see the New Jersey Department of Labor site for: Frequently Asked Questions about Benefits.

Learn about your rights with the help of attorneys at Taylor & Boguski in Mount Laurel, New Jersey. The claims process of filing for workers’ compensation can be challenging and the outcome can negatively affect the worker’s quality of life if there is less than favorable determination in the case. Thus, it is best to speak to a workers’ compensation lawyer who will charge no fees until the matter is resolved. At that time, the judge determines the proper legal fees to be paid to the attorney. Call 800-404-5299 or 856-234-2233 for a free consultation or contact us online.