New Jersey Workers’ Compensation Claim vs. Health Insurance: Lawyer Explains the Difference
If you have suffered an injury at work, you will not receive compensation from your health insurance provider. By law, all employers must obtain Workers’ Compensation insurance. Before you file, see a New Jersey Workers’ Compensation lawyer.
Workers' Compensation Claim: Injuries in the Workplace
If you are hurt on the job, you must report the incident to your employer and request medical treatment as soon as possible. In New Jersey, Workers’ Compensation benefits will cover any and all work-related injuries regardless of who or what was at fault. These include:
- Medical benefits – covering prescriptions, hospitalization, and necessary medical treatments relating to the workplace injury. If the injury requires emergency treatment, you may select the doctor; otherwise, the employer has the right to choose the treating physician;
- Temporary Total Disability Benefits – when the injury causes disability that exists beyond 7 days, you will be eligible to receive 70% of your average weekly wage while you are being medically treated;
- Permanent Partial Benefits – when the injury sustained is permanent, but the disability is limited to a particular body part, such as injuries to the fingers, eyes, arms, hands, spine, or heart;
- Permanent Total Benefits – if the work injury is so severe it prevents you from returning to work. Weekly payments are given for 450 weeks, and will be renewed if you are able to prove that your disability is ongoing; and
- Death Benefits – spouses and children will be eligible for death benefits when a workplace injury results in death.
Injuries Outside of the Workplace
While a Workers’ Compensation claim will cover any injury or illness that occurred during your employment, non-work related injuries must be handled by your individual health insurance provider. Although medical plans will vary, benefits typically cover hospital care, prescription drugs, office visits, and so on. You will also have to pay a deductible. Health insurance will not provide for loss of wages or benefits for permanent disability.
Your health insurance carrier will not provide any compensation if your injury happened at the workplace. If this is the case, you could be on the hook for all your medical bills.
A New Jersey Workers’ Compensation Lawyer Can Help
Since 1992, the law offices of Manfred F. Ricciardelli Jr. have fought employers and insurance carriers in New Jersey for fair compensation for employees injured on the job. With a background working as an in-house lawyer for a major insurance company in the Workers’ Compensation department, Mr. Ricciardelli knows what companies look for in order to challenge your claim. For a free consultation, call (973)-285-1100 today.