The State of New Jersey requires employers to carry Worker’s Compensation insurance. When a personal injury is caused to an employee due to an accident arising out of the course of his or her employment, the employer is required to provide compensation. The worker does not have to be a United States citizen to receive worker’s compensation benefits. The employer is required, through its insurance carrier, to provide medical treatment. In addition, if the employee is disabled for more than seven days, he will receive compensation during the temporary disability period. The rate of compensation is 70% of average weekly wage subject to a maximum set each year.
Following the period of medical treatment and temporary disability, when there is permanent disability, the worker is to be compensated for the permanent disability he/she sustained. A Worker’s Compensation claim should be made for on the job accidents. The employee cannot be fired for making the claim. Usually, six months after the employer has reached maximum medical benefit, he will be sent by his attorney and the insurer to doctors for a permanency evaluation.
It is important for the worker to discuss the process with an attorney soon after the accident. The employer must be given notice within fourteen days of the injury. There are other time limits for occupational injuries which are those that occur from repetitive motion or exposure to conditions causing illness. The Worker’s Compensation attorney will file a petition on the worker’s behalf. There is no fee until the case is resolved.
All orders, either settling the case or after trial, are issued by a Judge of Compensation who sets the legal fee. Worker’s Compensation is an important protection for injured employees.
Helfand & Associates handles Worker’s Compensation cases. Jacqueline Pivawer, Esq., has over 20 years’ experience and handles all cases of this nature. We have a free ½hr. consultation. Everything is confidential. This article is not legal advice. Please consult an attorney.