If an accident at work keeps an injured worker from returning to work or from performing their job duties, they are likely eligible for workers' compensation in New Jersey. Workers compensation follows the same no fault rules.

There is a process to follow after a workplace injury, which starts with notifying your manager or supervisor of the accident and injury, followed by a number of steps to ensure you are approved for the benefits you need to recover. However, there are some facts about NJ workers comp that you should be aware of. We will give you some of the most important things to remember in the following article.

If you have suffered a workplace injury, we advise you to consult with a NJ workers comp lawyer to ensure you do everything needed to get the compensation you deserve. Brandon J. Broderick, Attorney at Law has represented thousands of workers comp clients, protecting their rights and ensuring they receive the benefits they are entitled to.

Call our office today for details.

Workers' Compensation: What Is It?

Employees can apply for and receive payments from workers' compensation, a no-fault insurance policy, in the event that they have suffered an injury at work. Most employers in the state of New Jersey are required to carry workers' compensation insurance. Since NJ is a no-fault state, an injured worker is entitled to benefits, even if they, themselves, had caused the accident that led to their injuries.

In most cases, a worker should be entitled to benefits throughout their recovery, benefits for a permanent injury, and reimbursement for medical costs if they are ill or injured at work.

Which Employees Can Receive Workers' Compensation Benefits?

Benefits under workers' compensation are exclusive to employees. This classification is rather broad under New Jersey law. According to New Jersey law, there are two different criteria that determines whether or not you qualify as an employee for workers' compensation:

• Control Test: The law takes into account if your employer supervises your work and what needs to be done. If they do, you are generally covered by workers' compensation as an employee.
• Relative Nature of the Work: In determining whether the work you are performing for your employer is a necessary component of their company under this test.

They will also consider if you depend on the income you get from the services you do for your employer. For workers' compensation reasons, you are regarded as an employee if these two requirements are met.

Overall, it is difficult to determine every aspect of workers' compensation because there are so many. For this reason, if you are injured at work, it is important that you consult with a NJ workers' compensation attorney.

Workers Comp and Independent Contractors

Workers' compensation claims cannot be filed by independent contractors. 

However, in some cases, some employers will misclassify an employee as an independent contractor to avoid paying some taxes and benefits. This happens quite frequently. Your lawyer may argue that you are, in fact, an employee and are entitled to benefits in these types of situations.

It's important to remember that NJ's workers compensation system is no-fault. No evidence is needed to receive benefits, and in most cases, you cannot sue your employer directly in a personal injury claim.

Workers Compensation Benefits in NJ

You may be eligible for five kinds of benefits in New Jersey if you have suffered a work-related illness or injury at work. Among them are:

• Medical benefits: This includes hospital stays, prescription drugs, and all appropriate medical care.
• Temporary disability benefits: This is offered to workers who have been injured and are unable to work for longer than seven days. The benefits are 70% of the worker's average weekly wage, with a maximum benefit of 75% of the Statewide Average Weekly Wage (SAWW) and a minimum benefit of 20% of the SAWW. When an employee is cleared to resume work or reaches maximum medical improvement (MMI), benefits are terminated.
• Permanent partial benefits: Following the expiration of temporary disability benefits, an employee may continue to receive weekly benefits if they sustain a permanent partial disability. These benefits are based on the Schedule of Disabilities for injuries to the arms, hands, fingers, legs, feet, toes, eyes, ears, or teeth; non-scheduled injuries are those that do not fall within this category.
• Permanent total benefits: An injured employee may be eligible for these benefits for the first 450 weeks if they are unable to return to any kind of employment. The injured worker may continue to get permanent disability benefits if they are still unable to work after that point. Based on Permanent Total Benefit Rates, these benefits are handed out once a week.
• Death benefits: These benefits, which consist of weekly payments equal to 70% of the worker's weekly income, may be available to the dependents of a worker who passed away from an illness or accident sustained at work. Depending on the specifics of the case, surviving spouses, kids, parents, grandparents, grandkids, brothers, and sisters could be regarded as dependents. Funeral costs may be reimbursed up to $3,500 as part of the death benefits.

You should speak with a workers' compensation lawyer in New Jersey if you have been injured on the job or have developed a disease to find out what benefits you might be entitled to.

Our Workers Comp Lawyers Are Ready To Help You

In the event that an injury took place at work, you must file a claim promptly. However, you should get in touch with a lawyer if you are unsure about what to do or need assistance.

Brandon J. Broderick, Attorney at Law is available to assist you with your workers' compensation case or benefits. We can help you resolve a legal dispute that you may have in the workplace.

Contact us immediately to discuss your case and determine how we can best assist you.