One of the great things about workers’ compensation claims is that there is no need to prove negligence to recover damages. To offset this fact, damages are sometimes limited when compared to other types of claims such as personal injury claims. It is therefore important for victims of workplace accidents to understand what financial compensation is available through NJ worker’s compensation claims. Today, our workers’ compensation attorneys will discuss what damages might be available for workers suffering from temporary and permanent disabilities.
Mercer County, NJ Workers’ Compensation Attorneys Discuss Temporary Disability Benefits
In New Jersey, temporary disability is considered any injury or illness which will lead to an individual missing seven (7) or more days of work. These individuals are expected to recover from their medical condition and return to work at some point. Temporary disability workers’ compensation will be paid until one of the following takes place:
- Your doctor determines that you have reached “maximum medical improvement” (at this point workers’ compensation may terminate or be changed over to permanent disability)
- You return to work
- You receive the maximum allowable 400 weeks of workers’ comp benefits for a temporary disability
It is important to understand that there are hard caps on what can be paid out through a workers’ compensation claim. The maximum payout is adjusted each year to account for inflation and cost of living. In 2018, the limit was $903 per week or $46,956 annually. Workers’ compensation is generally paid as 70 percent of the employee’s gross wages from the previous year up to that limit.
Lawrence Workers’ Compensation Lawyers Identify Permanent Disability Benefits
Your Lawrence workers’ compensation lawyers may also be able to recover compensation for permanent disabilities. There are two forms of permanent disability in New Jersey: disabilities which are “total” and those which are “partial”. Total compensation for these different types of disabilities vary with total disabilities garnering larger compensation.
Permanent Total Disability Benefits – if your doctor determines that you have a permanent and total disability, you may be eligible to receive the full 70 percent benefit for life or until such a time that you recover from a disability.
Permanent Partial Disability Benefits – partial disability benefits are more complex. It may be possible to recover up to 70 percent, but frequently amounts are closer to 50 percent of your previous gross compensation. For information on your case, you may want to speak with a qualified workers’ compensation attorney.
Are their any Additional Benefits Available via New Jersey Workers’ Compensation Claims?
In addition to flat compensation for time away from work, there are a handful of other expenses which may be covered by successful workers compensation claims. Dependent on the nature of your injuries, your Mercer County workers’ comp attorney may be able to recover damages for:
- Medical bills – the most common expense covered by workers’ comp is doctor’s bills, hospital bills, and rehabilitation bills. If your bills are tied directly to your injuries, there is a great chance that they will be covered
- Incidental expenses – in some cases, travel and other incidental expenses may be reimbursed. A typical example would be mileage reimbursement for travel to and from a medical appointment
- Funeral expenses and death benefits – for employees injured on the job, family members may be eligible for compensation for final arrangements
- Vocational training – for individuals who are unable to return to their previous profession, vocational training may be available to enter into a new career field
Contact our Trenton Workers’ Compensation Damages Attorneys Today
The workers’ compensation attorneys of Kamensky, Cohen & Riechelson take pride in serving clients injured on the job throughout Mercer County towns such as Lawrence, Trenton, Princeton, New Brunswick, Hamilton, and all of Central New Jersey. Our firm believes that workers’ compensation is meant to protect employees and make every effort to secure full and fair compensation for our clients. Our qualified legal team has nearly 50 years of legal experience successfully handling complex workers’ compensation claims.
To learn more about how you can recover compensation through a workers’ comp claim, please contact us online or through our Trenton, NJ offices by calling (609) 528-2596 today for a free and confidential consultation.