Frequently Asked Questions
What is Workers Compensation?
How do I get Workers Compensation?
How do I get the money award after medical care is over?
How do I pay the lawyer?
How much is my wage replacement?
Can I chose my own doctor?
How is my money award calculated?
Do I have any other rights in Workers Compensation?
How long do I have to reopen my case?
How long do I have to file the initial claim petition?
How do I give notice of injury?
Will my employer be mad at me?
What is Workers Compensation?
Workers Compensation is a series of laws designed to help people who are injured on the job. It is a system that:
- Requires the employer’s insurance company to authorize a doctor to deliver medical care designed to cure the injured person;
- Provides a wage replacement while an authorized doctor keeps the injured employee out of work; and
- Provides a monetary award if the injured employee has a residual disability after medical care ends.
How do I get Workers Compensation?
If you are hurt on the job, you must notify your employer immediately of the accident. Then, ask for medical care. All employers must, by law, have workers compensation insurance. Your employer will notify their insurance company. This will start the ball rolling. If you need emergency care, you will be taken or directed to a hospital. The insurance company will send you to the authorized doctor. If that doctor takes you out of work, you become entitled to “Temporary Disability Benefits” if you are out of work more than seven (7) work days.
How do I get the money award after medical care is over?
A claim petition must be filed with the New Jersey Division of Workers Compensation. This is a court system maintained by the Department of Labor. Judges of Compensation, appointed by the Governor and approved by the State Senate, are assigned the task of determining the quality and type of disability, and deciding what award to grant. You should contact a lawyer who practices in the Division of Workers Compensation to file the necessary paperwork, and handle the case to conclusion for you.
How do I pay the lawyer?
All attorney fees in Workers Compensation are awarded by the Judge of Compensation. No other arrangement for fees is allowed. If the Judge of Compensation does not award you disability benefits, you pay no fee.
How much is my wage replacement?
The wage replacement, known as Temporary Disability Benefits, is paid at a rate of 70% of your average weekly wage. The benefits are paid at that amount as they come to you tax-free, and it is thought that a person’s “take-home” pay would be about 70% of their gross pay.
Can I chose my own doctor?
Although other states handle this differently, in New Jersey the insurance company authorizes the doctor who will treat you. However, if serious disagreements about your care occur between you and the insurance company, your attorney can help you by filing papers in court to present the issue to the Judge of Compensation. The issue of proper medical care is a serious one for the Court, and a great deal of attention is paid to these types of problems.
How is my money award calculated?
Once your medical care is finished, your attorney will send you to a doctor who specializes in evaluating permanent disability. The insurance company will also send you to their own specialist doctor for the same purpose. A conference will take place with your lawyer, the insurance company’s lawyer, and the Judge of Compensation to try to settle the issue of permanent disability. If no settlement is reached, the issue will go to trial. You, your other witnesses, including your doctors, the insurance company’s witnesses, including their doctors, will all testify. After the trial, the Judge of Compensation will enter the award.
Do I have any other rights in Workers Compensation?
Yes. In most cases, if you are awarded a disability award, in addition to money you get one more, very important, right – the right to reopen your case. This means that if your condition deteriorates and you need more medical care, you can ask to be examined by an authorized doctor to make a decision about further care. If your disability increases, you can ask the Judge for a greater disability award.
How long do I have to reopen my case?
You have two years from the last payment of benefits to reopen your case. In most cases, this means two years from the date on the last check you receive from the insurance company. Sometimes the insurance company continues to provide you with medical care after your award. This will also extend the right to reopen your case. If you wait more than two years from the last payment of benefits, your case will close permanently.
How long do I have to file the initial claim petition?
You have two years to file the claim petition from the date of accident or the last payment of temporary benefits or medical care. However, there is a requirement that you notify the employer of your injury. The initial time limit for notice is fourteen days. If notice is given between fourteen days and ninety days, compensation can still be awarded. However, if no notice is given within ninety days, no compensation will be allowed.
How do I give notice of injury?
Tell your supervisor, and if possible, fill out an accident report.
Will my employer be mad at me?
All employers must have Workers Compensation insurance, and your claim is actually handled by the insurance company. Your injury will not be the first claim suffered at your job, and most employers are very experienced and organized about handling claims. It is the rare occurrence that any employer “takes it personally.” It is illegal for an employer to fire a person because they have filed a Workers Compensation claim.