Workers’ Compensation FAQ
How Does Workers’ Compensation Insurance Work? How Do I Get Workers’ Compensation Insurance?
Workers' compensation insurance pays vital benefits to employees when they are injured or sick because of their job. Workers' compensation benefits include medical treatment and ongoing care, payments to cover lost wages, and even death benefits.
Typically, there are four basic eligibility requirements for workers' comp benefits: You must be an employee. You must meet your state's deadlines for reporting the injury and filing a workers' comp claim. Your employer must carry workers' comp insurance. You must have a work-related injury or illness.
What If I’m Permanently Disabled From My Work Injury?
For employees who suffer permanent and lasting effects from their work injuries, workers' compensation pays permanent disability benefits. Learn whether you're eligible. Many employees who are injured at work get immediate medical treatment and go on to fully recover.
How Does Workers’ Compensation Insurance Work? How do I file a worker’s compensation claim?
Workers’ compensation insurance gives your employees benefits if they have a work-related injury or illness. Also known as workers’ comp or workman’s comp insurance, this coverage can help cover your injured or sick employees’ medical expenses. It can also help replace wages from lost work time. Most states require companies with employees to carry workers’ compensation insurance. But workers’ comp requirements vary from state to state. When a workers’ compensation claim is filed, it has to be accepted by the injured or sick employee. Employees can receive workers’ compensation insurance, regardless of who is at fault for the injuries or illness.
Notify your employer as soon as possible if an injury occurs on the job. If you are in need of medical treatment, this should also be expressed to your employer as soon as possible. Once the employer receives notice, they will then notify their insurance provider. The provider will then evaluate your claim and determine if they will accept liability.
What Is Covered By Workers Compensation in NJ? What is NOT Covered By Worker’s Compensation?
Workers’ compensation in NJ covers any type of injury or death that occurred while working at any type of job. Every company in NJ is required to have workers’ compensation coverage for each of its employees, and that does not limit any type of profession.
Intentional acts: When a worker intentionally causes their workplace injuries or illnesses, they are not covered under a workers' comp insurance policy. Illegal activities: Employee injuries due to illegal activities at the worksite are not covered by an organization's workers' compensation insurance policy.
When Do I Report A Workplace Injury?
Employees should report workplace injuries to their employers as soon as possible after the incident takes place. Workers' compensation claim deadlines vary from state to state, but most states advise employees to report their injuries “as soon as possible”—a best practice no matter what the state
Is Worker’s Compensation Mandatory In New Jersey? What Does Workers’ Compensation Cover?
New Jersey has workers' compensation requirements mandating every employer to carry this insurance. Even if your business is a limited liability company (LLC) or only hires part-time or seasonal employees, you need workers' comp insurance in New Jersey.
Workers' compensation is a “no-fault” insurance program that provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses. It also provides death benefits to dependents of workers who have died due to their employment.
Is Workers Compensation Taxable?
Fortunately, workers' compensation benefits are not taxable. Neither the New Jersey Division of Taxation nor the Internal Revenue Service (IRS) taxes medical or disability benefits received through workers' comp.
What If An Employer Cannot Accommodate Work Restrictions NJ? Can You Be Fired For Filing A Workers Compensation Claim In New Jersey?
If your employer cannot reasonably accommodate your work restrictions after reaching MMI, your employer is allowed to terminate your employment. If you cannot perform the essential functions of your job or meet the required safety qualifications, you do not have a right to return to your job.
No, a New Jersey employer cannot fire you for filing a worker's compensation claim. It is illegal for an employer to let you go because you filed a claim
Does Workers Comp Pay Full Salary In NJ?
In New Jersey, these benefits are 70% of your average weekly wages before the injury, but there is a maximum and minimum that changes every year. For injuries that happen in 2021, the weekly maximum benefit is $969, and the minimum is $258. TTD benefits continue until you: are able to return to your job.
What Jobs Are Not Covered Under Worker’s Compensation?
Workers' compensation laws don't cover certain types of workers and jobs. Some of the main categories of workers that are not covered by traditional workers' compensation are business owners, volunteers, independent contractors, federal employees, railroad employees, and dockers.
How can a worker’s compensation lawyer help me?
In New Jersey, a compensation attorney will work to ensure that you get the benefits that you are entitled to under the law. Your attorney can help make sure that all essential documentation is filed on time and properly and that your medical treatment has been authorized.
How Does Workers’ Compensation Work In NJ? Do you get paid while on workers’ compensation?
Workers’ compensation is a “no-fault” insurance program for anyone who works in New Jersey. It provides medical treatment, wage replacement, and permanent disability compensation to employees who have been hurt while working.
If you or a loved one were injured at work, an employer does not pay an employee while on workers' compensation. The insurance company your place of employment enlists pays you based on coverage amounts your company holds. However, the process of getting workers' compensation benefits can sometimes be difficult.
Who Regulates Workers Compensation?
The Division of Workers’ Compensation is responsible for the administration of the NJ Workers Compensation Act.
How Long Does Workers Compensation Last In NJ? What Are The Deadlines to File for NJ’s Workers Compensation?
Temporary total disability allows for a maximum of 400 weeks of workers' compensation benefits. Permanent total disability has the potential to provide benefits for an individual's entire life. Lastly, permanent partial disability allows for a maximum of 600 weeks, depending on the injury.
You are responsible for reporting the incident within 90 days of when it occurred, or from whatever day you realized the injury was from your accident at the workplace. It’s important to report the injury as soon as possible so that your claim process will begin quicker. There is also a two-year statute of limitations to file your claim with the court.
How Many States Require Workers Compensation Insurance?
Nearly every state in the United States requires businesses to have workers' compensation insurance. Texas is the only state that gives employers the option to provide workers' compensation for their employees.
Can My Employer Make Me Return To Work Before I’m Ready?
It’s common that employers and their insurance companies will try and declare that you are ready to return to work before you are ready. There is a lot that goes into scenarios like this and can cause a lot of confusion. If you feel your worker’s compensation benefits are being rushed, contact our offices today.
Can I Work At All When Collecting Workers’ Compensation?
No, if you are collecting workers’ compensation you are not able to work at all. If you work while collecting workers' compensation benefits, you could be considered a fraud.
Will I Lose My Job If I File a Workers Compensation Claim With an Attorney?
No. It is against the law for an employer to fire someone or discriminate against them if they file a worker’s compensation claim in New Jersey. If you are fired for your claim, contact our office immediately.
Can I Go Back To My Old Job After I Recover?
You can go back to your old job once you are cleared to do so. Your employer is required to give you your job back or the next position that becomes available. They do not have to fire the person who replaced you in order to give you your job back as well. If you are able to work in a different position, your employer should make that available to you.
Can You Sue If You Slip on Ice at Work?
Employees injured at work can generally only obtain workers' compensation benefits from their employers. However, an employee can sue independent contractors or other third parties responsible for their workplace injuries. So in the situation where a worker falls because of ice, the worker would have a workers' compensation claim against the employer’s insurance company and can also bring a third-party claim against responsible third parties such as snow removal companies or the employer’s landlord for allowing the icy condition to exist.
What Type Of Benefits Can I Receive From Workers Compensation?
Depending on the severity of the incident, you might be entitled to different forms of compensation. Benefits in New Jersey for workers’ compensation include medical benefits, temporary disability benefits, permanent disability benefits, and death benefits.
What if my workplace injury was my fault?
Even if the workplace injury was your fault, you can still file a claim. New Jersey has a “no-fault” worker’s compensation system, meaning that it doesn’t matter if the work-related injury was your fault. The only time this will not apply is if you intentionally hurt yourself and it was proven, then you will not be entitled to benefits.
What Should I Do If I’m Hurt on The Job?
After an accident, it is essential to report the incident to your supervisor, foreman, or human resources department and seek medical treatment as soon as possible. Under New Jersey workers’ compensation law, your employer or their insurance carrier can select the health care providers to treat your work-related injuries. Ask your employer for a list of eligible healthcare providers and go to the ER or doctor right away.
What Type of Workers’ Comp Benefits Am I Entitled To Receive?
When you are hurt at work, an employer or its workers’ compensation insurance company is required to pay for all necessary and reasonable medical treatment related to your injury. If you are out of work for a period of more than seven days, you will be eligible for temporary disability benefits. Compensation for lost wages is paid at a rate of 70 percent of your average weekly pay. These benefits are provided during the period when you are unable to work and under active medical care.
If you believe that your claim was unfairly denied or reduced, our workers’ compensation lawyers can help you file a claim with the New Jersey Division of Workers’ Compensation.
Am I Entitled to Additional Compensation For My Injuries?
If you sustained injuries due to malfunctioning equipment, a toxic substance, or other defective product, you may be eligible for compensation from the manufacturer of that product as well. Our skilled legal team has extensive experience in handling defective product claims. We will assess your case and determine whether pursuing such a claim is in your best interest.
Will I Get Fired If I File a Formal Claim?
No. It is against the law for an employer to fire someone for filing a workers’ compensation claim with the state of New Jersey. If you have been fired for filing a claim, a New Jersey workers’ compensation attorney can help to protect your rights as an injured worker.
If I was injured at work and am missing work, how can I afford to hire an attorney to assist me?
The WC attorneys at GABL work on a contingency basis meaning there are no upfront costs or fees to you. They only get compensated if they are successful in obtaining a recovery for you.
Are workers’ compensation benefits available if I was injured somewhere other than my place of employment?
Yes. Generally, the key to whether you are entitled to WC benefits is “what you were doing”, not where you were doing it. For example, if you are a salesperson and were making a sales call to a client when you were hurt, you were “working” at the time of the injury and are entitled to be compensated for your injuries.
Do I need an attorney to bring a WC claim?
Technically no, but the amount of your recovery almost always depends upon how your claim is presented and if you do not provide the insurance company or the workers' compensation with the evidence that presents your claim in its most favorable light, you will not receive the compensation you would otherwise be entitled to. Additionally, although you may have been injured while working, sometimes there are other persons or entities that should also be held accountable for your injuries. Using the example from above, if you are a salesperson and were injured as a result of falling on ice outside your client’s place of business, you are not only entitled to WC benefits from your employer but you would also be entitled to bring what is called a “third party claim” against your client or against maintenance companies like a snow removal company, your client’s landlord or a property manager. The claims against those other than your employer have to be brought in a different venue and having an experienced attorney to advocate on your behalf is crucial to obtaining the maximum compensation available to you.
Why Should I Hire an Attorney?
Our experienced New Jersey workers’ compensation attorneys have handled thousands of workers’ comp claims and will fight to help you receive the compensation you deserve.