New Jersey has in place one of the best systems in our country to help injured workers during a very difficult time. The law is designed to cover as many employees as possible so as to avoid workers becoming dependent upon the State of New Jersey for public assistance. Employers are required to have workers compensation insurance coverage or be self-insured so that its workforce is protected. An employer who fails to have workers compensation insurance is subject to criminal charges. An employer may not threaten to fire or take negative action against its worker if a workers compensation claim is made.
Workers, documented or undocumented, legal or illegal, who suffer injuries while in the course and scope of their employment are entitled to three possible benefits. These benefits include:
1. Medical treatment paid for by the employer
2. Temporary disability payments subject to a minimum and maximum weekly amount;
3. Permanent disability payments
Workers, however, must notify their employers of the injury immediately or risk losing their right to benefits. Once the worker provides notice of any injury, the employer or the workers compensation insurance company must direct the worker to a medical doctor and pay the medical bills. If the doctor keeps the worker out of work the employer or the insurance carrier must pay temporary disability benefits. The amount of the benefit is dependent upon the workers wages at the time of the accident.
Should you have any questions concerning your rights or obligations under the New Jersey Workers Compensation Law, contact an attorney who specializes in workers compensation law. The New Jersey Supreme Court certifies such attorneys as specialists and does not recognize any lawyer as a specialist who is not so certified.
Carol Perez is a certified workers compensation attorney of the State of New Jersey and is a founding partner of Young & Perez located on Route 22 W in Whitehouse.
This article is designed for general information only. The information presented in this article should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons reading this article are encouraged to seek independent counsel for advice regarding their individual legal issues.
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