Attorney Assisting Individuals in Obtaining Workers' Comp Benefits
An injured worker is entitled to three main areas of Workers Compensation benefits: medical, temporary disability and permanent disability.
An injured worker is entitled to medical treatment intended to cure his work related injury. In New Jersey because the employer required to pay for this medical treatment, they also have the right to select the injured workers' doctors. However, if the employer refuses to provide appropriate medical treatment, or authorizes doctors that are not qualified to provide that care, the injured worker has the right to file an application with the Court seeking a Court Order requiring the employer to provide the correct or additional medical treatment.
Temporary Disability Benefits
An injured worker is entitled to payment for his time out of work as a result of his work related injury. The injured worker is entitled to 70% of his gross weekly wage, including overtime and tips, subject to a maximum and minimum amount designated for the year of the accident. If the employer refuses to provide appropriate Temporary Disability Benefits, the injured worker has the right to file an application with the Court seeking a Court Order compelling these benefits.
Permanent Disability Benefits
An injured worker has the right to seek a money award for a permanent disability. An injured worker need not be totally disabled to obtain this money award. The fact that the injured worker returned to his same position does not preclude is ability to obtain a permanency award. In most instances, workers who file workers comp claims generally returned to the same job. The injured worker only needs to show that his physical ability has lessened as a result of the job related injury.
It is important to understand also that if you return to work without filing a claim for permanent award, in the future your employer will be entitled to a credit of disability for this injury even if you do no make a claim for permanency. By example, assume in year 2000 a worker had a shoulder injury reported work injury, which required surgery and after treatment you returned to the same job. Assume three years later, the worker had another injury to the same shoulder and reported the claim, obtained medical treatment and filed for a permanency award. The employer is entitled to a credit for the earlier injury, even though the worker never filed for a permanency award: In effect the employer is entitled to a monetary credit for prior functional loss arising from the 2000 injury even though the worker did not receive any permanency compensation for said loss.
Contact an Experienced Lawyer Today
If you believe you are entitled to receive workers' compensation benefits, contact our firm today and schedule an appointment for a free consultation. We can sit down and talk with you about your situation, and decide what next steps are right for you. Let our firm show you how we can make a difference in your case.