ABOUT WORKERS' COMPENSATION
Mr. Hubert has been helping people for many years to obtain workers' compensation benefits when they have been injured on the job. Often the assistance of an attorney can help you get the maximum benefits to which you are entitled through workers' compensation. The following is general information regarding workers' compensation.
WHAT IS WORKERS' COMPENSATION?
Workers' compensation is a statutory plan for workers who are injured or who contract an occupational disease while working.
WHAT ARE TEMPORARY DISABILITY BENEFITS?
Temporary disability benefits are wage benefits that an injured worker is entitled to if he loses more than seven (7) days from work due to a work-related injury. To receive these benefits the workers must be out of work under the direction of an authorized treating physician. The benefit amount is 70% of gross weekly wages received at the time of the injury, up to a maximum established annually by the Commissioner of Labor.
WHAT ARE MEDICAL BENEFITS?
An injured employee is entitled to reasonable and necessary medical treatment, medical testing and hospitalization. The medical benefits should be supplied by the employer or the employer's insurance company. The employer or employer's insurance company has the right to select the treating physician. In an emergency, an injured worker may obtain medical treatment, medical testing and hospitalization without the authorization of employer, but the employer should be notified as soon as possible about the treatment received.
WHAT ARE PERMANENT PARTIAL BENEFITS?
When a work-related injury results in permanent partial disability, the injured worker is entitled to an award to compensate the worker for the disability. The amount of the award is determined by permanency examinations, a disability schedule and ultimately by a judge of workers' compensation. It is important for the injured workers to pursue permanent partial disability if it applies to his injury. An award of permanent partial disability can lengthen the period that the worker is entitled to future benefits.
WHAT ARE PERMANENT TOTAL BENEFITS?
When a work-related injury results in permanent total disability, the injured worker is entitled to receive benefits for 450 weeks. These benefits will continue after the 450 weeks if the disability continues. Weekly payments for permanent total disability are 70% of the workers' gross weekly wages, prior to the date of the injury, up to a maximum established annually by the Commissioner of Labor. Permanent total disability can result from a single work-related injury, a combination of work-related injuries and non-work related injuries and/or a pre-existing medical condition.
WHAT ARE DEATH BENEFITS?
Benefits are also available when a work-related injury or illness results in the death of a worker. These benefits are payable to the dependents of the worker as defined by New Jersey law.
WHAT TO DO IF YOU ARE INJURED AT WORK:
1. Report the injury immediately. Most injuries must be reported within 90 days, but there are different reporting periods depending on the type of injury. You should consult an attorney for any special reporting requirements.
2. Make sure you collect the names, addresses and telephone numbers of any witnesses to your work-related injury. If your employer denies your claim this information could prove to be vital to your case.
3. If your employer denies your work-related injury, consult an attorney immediately about your rights and remedies.
4. If you believe you are not receiving all the benefits to which you are entitled, consult an attorney. A formal claim petition must be filed within two-years of the date of injury or the last payment of compensation, whichever is later. Medical treatment authorized by the employer is considered a payment of compensation.
5. In some cases, you may have grounds for a lawsuit against the person or product that caused your injury. This action would be in addition to your workers' compensation injury.
6. It is unlawful for an employer to discharge or in any manner discriminate against an employee because that employee has claimed or attempted to claim workers' compensation benefits.
7. By law, you have a right to workers' compensation benefits if you sustain a work-related injury or illness.
8. Always contact your union representative or your attorney if you have any questions or concerns regarding your work-related injury or illness.
The information provided on this
Web site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own specific situation.