The workers’ compensation system is a no-fault insurance program that compensates employees for work-related injuries and illnesses. Because injured workers are not allowed to bring a personal injury claim in most cases, it also protects employers against liability arising from employee injuries and illnesses. Generally, when a worker accepts workers’ compensation to cover the costs of their workplace injuries and illnesses, they give up the right to sue their employers, except for cases involving intentional acts.

Workers’ compensation allows for several types of benefits, including:

Medical benefits: A workers’ compensation claim will cover an injured employee’s reasonable and necessary medical costs, hospitalization and prescription medications. Generally, the employer has the right to select the medical provider. However, an employee may choose their own provider in the case of an emergency or if an employer denies the employee’s request for medical treatment.

Temporary total disability benefits: If an injured worker is totally disabled for more than one week, they can qualify for temporary total disability (TTD) benefits. In New Jersey, TTD benefits pay 70 percent of the worker’s average weekly wage, not to exceed 75 percent of the respective state average weekly wage. TTD benefits end when the worker wither returns to work or reaches maximum medical improvement, which is when the workers’ condition is not expected to improve further.

Permanent partial disability benefits: Permanent partial disability (PPD) benefits are awarded when a worker suffers some type of impairment that prevents them from working at their full capacity. For example, an amputation, carpal tunnel syndrome and hearing or vision loss would all qualify for PPD benefits. PPD benefits can be based on “scheduled” or “non-scheduled” losses. Scheduled losses are those involving the arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. “Non-scheduled” losses are those involving any area or system of the body not identified in the schedule, such as the back, the heart, the lungs. PPD benefits kick in after temporary disability payments end.

Permanent total disability benefits: In some workplace injury cases, an employee is permanently unable to work as a result of their injuries. In these situations, the worker may be eligible for permanent total disability (PTD) benefits. These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Death benefits: In the tragic event of a fatal workplace accident, death benefits will be paid to the dependents of the deceased worker. These benefits equal 70 percent of deceased workers’ pay. The benefit is divided among the dependents, which include a surviving spouse and any natural children living in the household at the time of the accident. Other family members may qualify for benefits, but would need to prove their actual dependency to receive a portion of the death benefit.

Contact a New Jersey Workers’ Comp Attorney Today

The law firm of Petrillo & Goldberg has assembled a compassionate team of advocates who have dedicated their career to ensuring that New Jersey injury accident victims recover the compensation they deserve. The injury advocates at Petrillo & Goldberg deal with the insurance companies so employees can focus on recovering, returning to work and moving forward with their life. To learn more, call 856-249-9288 to schedule a free consultation.