Workers’ Compensation benefits in the form of medical treatment and temporary and permanent disability payments (“indemnity payments”) are available to those who suffer work-related injuries. These benefits, however, are not always so easily obtainable for an employee. An attorney knowledgeable in New Jersey Workers’ Compensation law can help navigate the sometime turbulent waters of obtaining the treatment and indemnity payments to which you are entitled.
If you are injured at work, advise your employer of your injury(ies) as soon as possible. While a delay in notifying your employer won’t prevent you from obtaining Workers’ Compensation benefits, it could make it more difficult. Promptly advising your employer of your work-related accident will also help you avoid any issues regarding the payment of your medical treatment since, in New Jersey, your employer generally decides who provides it. Obviously, if your injury(ies) requires emergency treatment, you are not obligated to seek your employer’s permission beforehand. You must, however, advise your employer of such treatment as soon as you are able.
Regarding your treatment, injured employees are entitled to receive any and all medical treatment necessary to cure and relieve them of the effects of their injury(ies). Many times employees and employers differ on whether or not the treatment an employee desires is “necessary”. Fortunately for New Jersey workers, the courts have established a broad definition of “necessary treatment”. As a result, many forms of treatment are available to the injured employee.
Furthermore, if your work-related injury(ies) prevents you from working seven (7) days or more, you are entitled to receive temporary disability payments for the days you are unable to work. Generally, such payments equal 70% percent of the injured employee’s normal wages. This percentage could be lesser or greater depending on the amount of your wages and/or your arrangement with your employer. Injured employees are entitled to receive temporary disability payments until they can return to work or the treatment for their injury(ies) has plateaued.
Finally, a person who sustains work-related injuries may also be entitled to a permanency award. If an employee can establish through objective medical evidence the he or she has sustained a permanent injury that impacts his or her ability to work or impairs his or her non-work activities, he or she is entitled to such an award. The amount of the award, received once your treatment has plateaued, depends on the extent of the disability.
In order to ensure that you receive the Workers’ Compensation benefits to which you are entitled, be sure to contact an attorney if you are injured in a work-related accident.
For a free consultation, contact us at 856-546-8200.