Calculating Your Workers' Compensation Benefits for an Injury in New Jersey
Filing for Workers' Compensation when you are injured on the job worries many employees. Along with your health care concerns, you probably are anxious about the income amount you will be receiving from New Jersey Workers' Comp. An attorney specialized in labor law can assess your particular case, but there are some general rules used to calculate most Workers’ compensation claims.
Amount of Your Workers’ Compensation Benefits
Once an injury has been established under Workers’ Compensation, you are eligible for disability benefits. These benefits are designed to cover wages lost during the time you are unable to work and are receiving medical care. The benefit amount will vary depending on the extent of your disability.
InNew Jersey, it is calculated as:
- Seventy percent of your average weekly wage for a temporary or total disability with minimum and maximum rates set at $216 and $810, respectively; or
- a minimum of $35 and a maximum of $810 for a permanent partial disability, depending on your injury’s severity and type.
Time Limits on Workers’ Compensation Claims
Before Workers’ Compensation benefits kick in, you must be unable to work for at least seven days for temporary disability benefits to apply. These days do not need to run consecutively. In the case of medical or permanent disability benefits, there is no waiting period under New Jersey law.
New Jersey does have a 2-year statute of limitations relating to Workers’ Compensation claims. This means a formal claim petition must be filed within two years of when you were injured, received your last payment for compensation (i.e. medical treatment authorized by your employer) or first became aware of the condition in question.
You should receive your first payment benefit from Workers’ Compensation within two weeks and no more than 30 days for temporary disability benefits. If you do not receive compensation within this amount of time, you may be eligible for an additional 25 percent of the total amount due to you, along with any legal fees.
Talk to an Experienced New Jersey Workers’ Comp Attorney
Workers’ Compensation laws are complicated. Understanding your rights to fair medical care and wage replacement under Workers’ Compensation is vital when you’ve been hurt at work.
For 20 years, Manfred F. Ricciardelli Jr., LLC has been practicing Workers’ Compensation law and knows what needs to be done to get injured workers what they deserve. Give us a call today at 973-285-1100 or 877-360-0183.