New Jersey, NJ, Workers Compensation Benefits
All necessary medical treatment and hospitalization services should be provided by the employer or the employer’s insurance carrier.
The employer has the right to choose the treating physician. If the employer refuses to provide medical treatment, the injured worker is free to choose the treating physician. However, in the case of an emergency, an injured worker may obtain medical or hospital treatment without specific authorization from the employer, but the employer should be notified as soon as possible concerning the treatment being received.
Temporary Disability Benefits
If there is lost time which extends beyond seven calendar days due to the injury, temporary disability benefits become payable starting with the first day lost. The benefit amount is 70 percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the Commissioner of Labor and Workforce Development.*
Permanent Partial Benefits
When a job-related injury or illness results in a permanent partial disability, benefits are based upon a percentage of certain “scheduled” or “nonscheduled” losses. A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears, or teeth. A “nonscheduled” loss is one involving the back, heart, lungs, etc.
Permanent Total Benefits
When a job-related injury results in permanent total disability, the injured worker is entitled to payments for 450 weeks which will be continued thereafter for as long as the total disability exists. However, after the 450 weeks, these payments are subject to reduction for wages earned from employment.
Weekly payments for permanent total disability are 70 percent of the gross weekly wage at the time of the injury up to a maximum established annually by the Commissioner of Labor and Workforce Development.*
Permanent total disability is presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can result from other injuries that render the worker unemployable.
When a job-related accident or illness results in the worker’s death, benefits are payable to the dependents of the worker as defined by the law. The weekly benefit payment is 70 percent of wages, but the maximum total benefit payable to all of the worker’s dependents cannot exceed the maximum established annually by the Commissioner of Labor and Workforce Development.*
A surviving spouse or civil union partner and natural children who were a part of decedent’s household at the time of death are conclusively presumed to be dependents.
A surviving spouse or civil union partner and natural children who were not a part of decendent’s household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc.) must prove actual dependency.
Children who are deemed to be dependents remain so until the age of 18 years or, if a full-time student, until the age of 23 years. If a child is physically or mentally disabled he/she may be eligible for further benefits.
The employer or the employer’s insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual.