Worker’s Compensation NJ
There are few life events more anxiety provoking and overwhelming than being faced with an injury or illness. When the injury or illness occurs on the job, an additional layer of complexity emerges because the stricken individual must comply with the NJ Worker’s Compensation Act.
In this instance, compliance with the Act is essential in order for the injured individual to receive the full benefits provided by this statutory remedy. While NJ Worker’s Compensation is a highly dynamic and complex area of law, some basic elements are detailed below:
No-Fault System of Recovery
1. NJ Worker’s Compensation is a “no-fault” system of recovery. This means that the injured worker is entitled to benefits even if the accident or exposure causing the harm is his or her own fault. While there are some exceptions to this rule, this fact alone can bring some comfort to the injured individual, as his or her potentially contributory acts in causing the injury or exposure are irrelevant to a successful recovery of benefits.
Injured Worker
2. Workman’s comp NJ states that the injured worker has up to 90 days from the date of injury to report the accident or exposure to his or her employer. It is, of course, always best to notify your employer immediately. However, many people are reluctant to report a claim initially for a number of reasons. Maybe they failed to appreciate the extent of their initial injury. Or perhaps they fear some sort of reprisal in the workplace. (Which the Act prohibits, by the way.) It is simply important to note that failing to immediately report your injury is not automatically fatal to your claim. Also note that reporting a claim to your employer is not the same as bringing a claim for permanency in the Worker’s Compensation Court. As to the latter, failure to bring a claim within two years from the date of accident or injury may bar your claim forever. Understanding the distinction between reporting your injury and bringing a claim for permanency is vital if the injured person hopes to reap the full benefits of the Act.
Medical Benefits
3. NJ Worker’s Compensation provides you with medical benefits. Your employer is required to provide you with all necessary medical treatment and hospitalization that you require as a result of your accident or exposure. The caveat is that you must obtain treatment through the provider of their choice. Again, exceptions exist to this rule. As one obvious example, an injured worker may seek treatment at a hospital without seeking prior authorization from the employer in an emergency.
Disability Benefits
4. NJ Worker’s Compensation provides you with temporary disability benefits. This disability pay is not to be confused with NJ State Temporary Disability. The Worker’s compensation benefit amount is up to 70% of the worker’s gross weekly wages up to the maximum benefit permitted. The 2013 maximum rate amount was $826.00 per week.
Permanent Disability Benefits
5. NJ Worker’s Compensation provides you with permanent disability benefits. Upon the conclusion of medical treatment, the injured worker is entitled to an award for permanency. This permanency award is determined and scheduled as per statute and depends upon the part of body (or bodily system) that was effected and the overall extent of the injury. In addition, if the accident is compensable, the injured worker can, in most circumstances, retain the right to “re-open” their case and pursue future benefits if the situation warrants such. However, the worker must affirmatively take certain steps to preserve his or her right to do so. This can include contacting workers comp lawyers in NJ
‘Exclusive’ Remedy
6. NJ Worker’s Compensation is deemed an “exclusive” remedy. This means that the injured worker may not sue his or her employer in other forums under traditional personal injury principles. While there are some exceptions to this rule, they require an affirmative intent to injure on the part of the employer and therefore seldom apply in most cases. Conversely, the exclusivity rule does not prevent an injured worker for suing another, third party who may be responsible for his or her injuries. For example, a delivery truck driver injured while on his or her route may still sue the driver of the automobile causing the accident. Under such circumstances, the injured worker would be able to pursue remedies under both a Worker’s Compensation claim and a civil suit against the driver, but the Worker’s Compensation carrier would be entitled to assert a lien against any third party recovery.
The foregoing are some basic concepts prevalent in Worker’s Compensation. However, there are many complex issues that can present themselves in the injured worker’s case. Every worker’s situation is unique and requires careful analysis and attention. Therefore, it is important that he or she seek legal advice as promptly as possible so that his or her case can be given the thorough consideration and regard it needs. Contact a New Jersey workers compensation lawyer that you can trust. We’re here to help.