There are different types of benefits that you are entitled to in New Jersey workers' compensation. The first two generally go hand in hand. You are entitled to medical benefitspaid for completely by your employer as long as your medical care is desgined to improve your condition. This isnt like your Blue Cross Blue Shield or your Aetna private plan insurance where there is a co pay or a minimum that you have to meet before the insurance kicks in. The employer is in charge of 100% of your medical care, whether it be doctors visits, prescription medication, crutches, supportive devices, anything along those lines. The other type of benefit that comes initially is temporary disability benefits. Once your are out of work for 7 days you are entitled to 70% of your gross weekly wage subject to a maximum and a minimum for the year of your injury.
These benefits have to be paid immediately. If you need medical care, you don't wait. If you need pay, temporary disability benefits pay for you time out of work. It's the equivalent of your salary. You don't wait. If the insurance company waits to long to provide these benefits, either because they've denied your case improperly, or because they are just taking a long time. What we can do is file a motion with the court. It's called a motion for medical and temporary disability benefits. That motion will get listed with the court within 35 days of the date it's filed and it will be heard by a new Jersey workers' compensation judge. That judge will render a decision . He will either rule in the insurance companies favor and say that you are not entitled to benefits, or he will rule in our favor, and he will enter a court order that requires the insurance company to provide immediate medical care and immediate temporary disability benefits.
The third type of benefit that you are entitled to in workers' compensation court is what we call peraenent disability benefits. When people hear that phrase they genuinely get very frightened. They think "Oh no, I'm going to be permanently disabilled. I'm never going to work again." Or they think they are only entitled to these benefits if they are never going to work again. That is no what it is. There is a separate thing called total disability, which is what you are entitled to if you are never going to work again. The overwhelming majority of injured workers' in New Jersey go back to work in the same job, in the same capacity as they had before their injury. They are compensated monetarily to the extent that their physical ability has lessened. So for example, let's assume that you have a shoulder injury, and you have a surgery and you are out of work for 3 months and now you are going back to work. You go back, You do the same job, but your shoulder still hurts. You are not as strong as you used to be. You don't have the mobility that you used to have. You are entitled to compensation to the extent that your physical abilities has lessened when you compare your ability before the accident to you ability after the accident.
If you have hurt your back, shoulder, or suffered another serious injury at work, you most likely want to know what compensation you are entitled to under New Jersey workers’ compensation. A Morristown injury attorney explains in this video the different types of workers’ compensation benefits you may be entitled to. Watch to learn more.
To find out more about the specific benefits you are entitled to after a New Jersey work accident and to get the compensation you deserve, call the law firm of Manfred F. Ricciardelli, Jr. at 877.360.0183 for a free consultation.