If you have been injured on the job in New Jersey, workers’ compensation can provide crucial financial support during your recovery. Benefits can cover the cost of necessary medical treatment for your work injury, such as doctor visits, surgeries, physical therapy, and medication. Temporary disability benefits are designed to replace a portion of your lost wages while you recover from a work-related injury or illness. If you suffer permanent impairment that affects your earning capacity, you may qualify for permanent total disability benefits.

Navigating the state workers’ compensation system and understanding the benefits you are eligible to receive can be confusing. The amount of compensation you get is based on several key criteria, including how severe the injury is, your average weekly wage, and the extent of your disability. Let’s take a closer look at each of these factors.

• Injury severity: The most significant factor influencing your benefits is the seriousness of the injury. The extent of your injury, its impact on your ability to work, and the expected duration of your disability are all considered.

The more severe the injury, the higher the benefit amounts you may qualify for. Catastrophic injuries or permanent disabilities will generally result in higher benefits compared to minor or temporary injuries. Amputations, burns, and spinal cord injuries are some examples of severe, life-altering injuries.

• Average Weekly Wage (AWW): Your AWW is important for determining the weekly amount of your benefits. The AWW is typically calculated based on the worker’s earnings during the 26 weeks before the injury occurred. Several factors impact the AWW, such as the worker’s base pay rate, overtime, tips, and commissions.

In New Jersey, the typical rate of compensation is 70 percent of the worker’s AWW. However, there are minimum and maximum limits set by the state that establish a baseline level of support to provide fair compensation while preventing excessive payouts. The rates are calculated from the statewide AWW, or SAWW, determined by the New Jersey Department of Labor.

• Extent of disability: The amount of benefits a worker receives depends on whether they have a temporary or permanent disability. Employees with more severe disabilities may be eligible for higher compensation.

Temporary total disability benefits are given to injured workers who are unable to work for more than a week but are likely to recover. The employee receives benefits until they resume working or reach maximum medical improvement. Employees with a permanent partial disability have a permanent impairment that decreases their earning capacity, while workers with a permanent total disability can no longer work in any capacity due to their impairment.  

The three main factors above provide general guidelines for determining benefits. However, additional factors can influence the amount of workers’ compensation you receive in New Jersey. For example, failure to attend scheduled medical appointments or participate in rehabilitation programs could impact your benefits.

The New Jersey workers’ compensation system can be complex, and workers may face challenges in maximizing their benefits. Despite being injured or ill, employees sometimes encounter difficulties in getting the compensation they are eligible to receive. Along with submitting the correct paperwork, they must also provide credible evidence of their injury and its impact on their employment.

If you suffered a work injury, an experienced workers’ compensation attorney can help you navigate the process, ensuring you receive the compensation you deserve. Each worker’s situation is unique and requires tailored legal representation. The lawyer can help you gather evidence, deal with insurance companies, and represent you at hearings if necessary.

Remember, workers’ compensation is a right afforded to New Jersey workers who suffer employment-related injuries or illnesses. By understanding the factors that determine your benefits and seeking legal guidance, you can ensure a smoother recovery process with the financial support you need.

Speak with an Experienced New Jersey Workers’ Compensation Lawyer at Petrillo & Goldberg Today

If you have been injured at work in New Jersey, do not hesitate to contact Petrillo & Goldberg for a free consultation. Our skilled workers’ compensation attorneys are committed to protecting your rights and helping you obtain the maximum compensation you are entitled to under the law.