Understanding Your Rights: Workers’ Compensation in New Jersey

Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the benefits you are entitled to. This blog will guide you through the essential aspects of workers compensation in New Jersey, helping you understand what you should do if you are injured at work.

What is Workers’ Compensation?

Workers’ compensation is a program that provides benefits to employees who suffer job-related injuries or illnesses. In New Jersey, almost all employers are required to have workers compensation insurance.

Your Rights Under New Jersey’s Workers’ Compensation Laws

Under New Jerseys workers compensation laws, injured workers are entitled to three main benefits:

1. Right to medical treatment: If you are injured in the course and scope of your employment, you have the right to receive medical treatment that is necessary and related to the work injury. This treatment includes doctors visits, surgeries, physical therapy, and any other treatment necessary to help you recover. In New Jersey, your employer or their insurance carrier has the right to select the healthcare providers you see for your medical treatment. If you seek treatment from a provider not authorized by your employer or their insurance carrier, you may be responsible for the cost. If your injury requires emergent medical attention, you should immediately go to the emergency room. You do not need pre-authorization from the employer or the employers insurance carrier to do so.
2. Right to temporary disability benefits: If you are taken out of work by an authorized doctor for a period longer than 7 days, you are entitled to temporary disability benefits until you are able to return to work or are discharged from treatment. In New Jersey, temporary disability benefits are calculated as 70% of your average weekly wage at the time of the injury. Temporary disability benefits are subject to maximum and minimum amounts set forth by the state.
3. Right to permanent disability benefits: If your injury results in a permanent disability, either partial or total, you may be entitled to permanent disability benefits. Partial disability benefits are paid if you can return to work but have a lasting impairment from the work injury, while total disability benefits are paid if your injury prevents you from ever returning to work.

Steps to Take if You are Injured at Work

1. Report the injury immediately: In New Jersey, you have up to 90 days to report the work injury to your employer. However, you should report the injury immediately as delaying the report can impact your ability to receive benefits.
2. Seek medical attention: Even if your injury seems minor, it is crucial to seek medical attention to document the injury and receive appropriate care.

What if my Employer Denies My Request for Medical Treatment?

If your employer denies your request for medical treatment, you can seek emergent medical treatment at the emergency room or urgent care even if your employer tells you that you are unable to.

Conclusion? Contact a NJ Workers’ Compensation Lawyer

Understanding your rights under New Jersey’s workers’ compensation laws is crucial if you are injured on the job. If you are ever in doubt, remember that consulting with an experienced workers’ compensation attorney can help you safeguard your rights and secure the compensation you deserve.