Worker’s Compensation
The purpose of the New Jersey Workers’ Compensation Act is to ensure that employees injured during the course of employment receive fair compensation for their injuries. The Act provides for three different types of benefits for injured workers: (1) medical; (2) temporary disability; and (3) permanent disability benefits. With regard to medical benefits, the employer’s workers’ compensation insurance carrier is required to pay 100% of all medical bills for treatment rendered by a physician of their choice. If the physician authorized by the workers’ compensation carrier determines that the employee is unable to work as a result of his injuries, then the employee is entitled to receive temporary disability benefits in the amount of 70% of his average weekly wages. After the employee has been released from medical treatment, he may be entitled to receive some percentage of permanent disability benefits, if the injuries caused a significant restriction in the employee’s abilities.
Traumatic Accidents
If an employee injures himself in an accident while performing work for an employer, he is entitled to workers’ compensation benefits. Fault or negligence is not a requirement for obtaining benefits. It does not even matter whether the employee himself caused the accident – he would still be entitled to benefits if the accident occurred during the course of his employment. If an accident occurs, you should immediately report it to a supervisor. Thereafter, the employer should notify its workers’ compensation insurance carrier of the accident. You should thereafter expect to receive a letter from the workers’ compensation carrier, providing a claim number, and the name and address of the physician who is authorized to treat you. If the employer or the workers’ compensation carrier refuses to provide medical treatment, you should immediately contact an attorney. Even if the workers’ compensation carrier voluntarily provides medical treatment and temporary disability benefits, you will not receive the full amount you are entitled to for “permanent” disability benefits, unless a Claim Petition is filed on your behalf with the Division of Workers’ Compensation.
Occupational Injuries
Some injuries occur over a period of time, from constant physical and/or emotional stress, or exposure to chemicals and other irritants. Such injuries are considered “occupational,” rather than traumatic in nature. Occupational injuries are more difficult to prove, and workers’ compensation carriers rarely accept such claims without litigation. Examples of occupational injuries include: carpal tunnel syndrome, obstructive pulmonary disease, asbestosis, degenerative disc disease, and post traumatic stress disorder. If you have reason to believe that you suffer from such an occupational injury, you should immediately report it to your supervisor, and request medical treatment. If the employer refuses to provide medical treatment, you should immediately contact an attorney.
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