Mount Laurel Workers’ Compensation Lawyers

Types of Workers’ Compensation Benefits

Workers’ compensation benefits are divided into several different categories, depending on the nature of the injury and how long the worker is expected to be out of work.

The different types of workers’ compensation benefits available in New Jersey include:

• Medical benefits
• Temporary total disability benefits
• Temporary partial disability benefits
• Permanent total disability benefits
• Permanent partial disability benefits
• Death benefits

Medical Benefits

Medical benefits are available to cover the cost of medical treatment that is necessary to diagnose and treat the worker’s injury. This includes the cost of doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and other necessary treatment. 

Workers are eligible for medical benefits regardless of the severity of their injury or how long they are out of work.

Temporary Total Disability Benefits

Temporary total disability benefits are available to workers who are temporarily unable to work because of their injury. These benefits are intended to replace a portion of the wages that are lost while the worker is recovering from the injury. 

In New Jersey, the amount of the temporary total disability benefit is equal to 70% of the worker’s average weekly wage, up to a maximum of 75% of the Statewide Average Weekly Wage (SAWW).

Temporary Partial Disability Benefits

Temporary partial disability benefits are available to workers who are able to return to work in some capacity, but who are earning less than they were before the injury. These benefits are intended to replace a portion of the wages that are lost because of the injury. 

The amount of the temporary partial disability benefit is equal to 70% of the difference between the worker’s average weekly wage before the injury and the amount they are able to earn after the injury, up to a maximum of 75% of the SAWW.

Permanent Total Disability Benefits

Permanent total disability benefits are available to workers who are permanently unable to return to work in any capacity because of their injury. These benefits are intended to replace a portion of the wages that are lost as a result of the injury. 

In New Jersey, the amount of the permanent total disability benefit is equal to 70% of the worker’s average weekly wage, up to a maximum of 75% of the SAWW. Workers are eligible for permanent total disability benefits for the rest of their lives.

Permanent Partial Disability Benefits

Permanent partial disability benefits are available to workers who are permanently impaired as a result of their injury, but who are still able to return to work in some capacity. These benefits are intended to compensate the worker for the permanent loss of function in the affected body part. 

For example, if the worker loses the use of their hand, they would receive a permanent partial disability benefit to compensate them for the loss of their hand. The amount of the permanent partial disability benefit is based on a percentage of total benefits that are available for the loss of the affected body part. 

The specific amount of the benefit is calculated based on a formula that takes into account the worker’s average weekly wage and the number of weeks of benefits that are available for the loss of the affected body part. In New Jersey, the maximum number of weeks of benefits that are available for the loss of any body part is 245.

Death Benefits

Death benefits are available to the dependents of workers who are killed in a work-related accident or who die as a result of a work-related injury. These benefits are intended to compensate the worker’s dependents for the loss of their loved one’s financial support. 

In New Jersey, the amount of the death benefit is equal to 70% of the worker’s average weekly wage at the time of their death, up to a maximum of 75% of the SAWW. Death benefits are available for up to 450 weeks. 

The amount of the death benefit is divided among the worker’s dependents, based on their level of dependency on the worker’s income.

Common Work-Related Injuries

Workers can be injured in a wide range of accidents, and they can suffer from a variety of illnesses.

Some of the most common types of injuries that occur in the workplace include:

• Broken bones
• Strains and sprains
• Concussions and other traumatic brain injuries
• Back and neck injuries
• Repetitive motion injuries
• Burns
• Electrocution
• Amputations

Common Causes of Workplace Injuries

Workers are exposed to a wide range of hazards in the workplace, and they can be injured in a variety of ways.

Some of the most common causes of workplace injuries include:

• Slip and fall accidents
• Repetitive motion injuries
• Overexertion
• Being struck by an object
• Being caught in or between objects
• Motor vehicle accidents
• Exposure to dangerous chemicals
• Electrocution
• Fires and explosions
• Machine entanglement
• Exposure to loud noises
• Exposure to radiation
• Exposure to extreme temperatures

These are just a few examples of the many ways that workers can be injured on the job. If you were injured while working, it is important to speak to an experienced workers’ compensation lawyer in Mt. Laurel to learn more about your rights and the benefits that may be available to you.

What Should I Do If I Am Injured at Work?

If you are injured at work, there are several steps you should take to protect your rights and to ensure that you receive the workers’ compensation benefits you deserve.

Some of the key steps to take after a workplace injury include:

• Report the injury to your employer: You are required to report the injury to your employer within 14 days. If you fail to do so, you may be ineligible to receive workers’ compensation benefits.
• Seek medical treatment: You should see a doctor as soon as possible after the injury. In New Jersey, you are required to see a doctor who is authorized by your employer’s workers’ compensation insurance carrier. This is known as “authorized medical treatment.” If you fail to see an authorized doctor, your employer’s insurance carrier may refuse to pay for your medical treatment.
• Follow your doctor’s orders: If you are unable to work because of your injury, you must follow your doctor’s orders and remain out of work. If you return to work before your doctor says you are able to, your employer’s insurance carrier may refuse to pay for your medical treatment or your wage replacement benefits.
• File a claim for benefits: If you are unable to work for more than seven days because of your injury, you are eligible to receive workers’ compensation benefits. You must file a claim for benefits with your employer’s workers’ compensation insurance carrier to begin receiving benefits. The claim form must be filed within two years of the date of the injury.

These are just a few examples of the steps you should take after a workplace injury. A Mt. Laurel workers’ compensation attorney can help guide you through the process and ensure that your rights are protected.

What If My Workers’ Compensation Claim Is Denied?

If your workers’ compensation claim is denied, you have the right to appeal the denial and request a hearing before a judge. The hearing is an opportunity for you to present evidence to support your claim, and for your employer’s workers’ compensation insurance carrier to present evidence to support their denial of the claim.

After the hearing, the judge will issue a decision that either approves or denies your claim. If your claim is approved, the judge will determine the amount of the benefits that are available to you. If your claim is denied, you have the right to appeal the decision to the Appellate Division of the Superior Court of New Jersey. 

The appeals process can be complicated, and it is important to have an experienced workers’ compensation lawyer by your side.

Call Levinson Axelrod After a Workplace Accident

Levinson Axelrod, P.A. is one of the largest personal injury law firms in New Jersey. Our team of skilled lawyers has a long history of representing clients in a wide range of workers’ compensation cases, and we have the knowledge, resources, and experience to handle even the most complex cases.

Call our workers' compensation attorneys in Mt. Laurel to get started on your case today: (856) 263-4800.