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Workers’ compensation is a system whereby workers who are injured on the job are entitled to compensation. There are three benefits available under workers’ compensation: temporary disability benefits, medical benefits, and permanent disability benefits. Temporary disability benefits are paid when someone is under active medical treatment and the doctor says they can’t work. They will be paid 70 percent of their salary, tax-free, until they can return to work, or until they reach maximum medical improvement (MMI) and still cannot return to work. MMI is reached when regardless of how much additional treatment a person receives, their health status will not improve further.
It is significant that 100 percent of the medical costs will be covered by the employer so long as the treatment is provided by the employer’s doctors. There are no deductibles and no co-payments associated with this care. If an injured worker seeks care with their own health care provider (other than the emergency treatment) they will likely be obligated to pay that bill on their own. If a person’s injury is determined to be permanent, then a permanent disability benefit is available to the worker. This amount should consider the severity of the permanent injury, the disability and the impact the injury has on a person’s ability to function at work and at home. If the sides cannot agree on a fair amount, then the case will have to go to trial where a judge will hear evidence from the injured worker and experts on both sides and determine the award.
Workers’ compensation is required by law, and any employer that does not have it is subject to criminal penalties. That does happen on occasion. Fortunately, New Jersey has a state uninsured employer’s fund which will step in to provide temporary disability and medical benefits to individuals in need, and will often prosecute employers who do not have the required insurance. Unfortunately, the fund does not provide for permanent disability.
For more information on Workers’ Compensation In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 208-3650 today.