Workers’ compensation benefits in New Jersey are controlled by N.J.S.A. 34:15, et seq. If you become injured in the workplace in New Jersey, among the benefits to which you are entitled are temporary disability benefits. If you suffer an injury in the workplace, and the doctor who is authorized to treat you, states that you must stop working in order to recuperate from your injury, you may have a right to receive part of your wages.
Under New Jersey law, you have a right to receive 70 percent of your gross weekly salary. However, if your earnings are in an amount greater than $1,221.50, you cannot receive over $855.00 per week. In order to qualify for such temporary disability benefits, you are required to be under the care of a physician who is authorized to treat you, and you must be incapable of working for a minimum of seven days. You will qualify for workers’ compensation benefits on the eighth day. You do not have to be unable to work for the initial seven days, or for seven consecutive days.
You will remain qualified to receive temporary disability provided the doctor says you are incapable of working. Your eligibility to receive such benefits will resume if the doctor states you can go back to work on a limited duties basis, but your employer cannot allow for such a limitation. In the event your employer can work within the limitation, you are required to go back to work and try to carry out the altered job responsibilities.
You may qualify for unemployment after a period of disability until you can secure a new position that falls within the permanent limitations. If you would like more information about your rights, call the workers’ compensation attorneys at Petrillo & Goldberg.