Archives for February 2017

February 25, 2017 By Leave a Comment

Are There Death Benefits under New Jersey’s Workers’ Compensation Laws?

injured-worker

When you’ve been hurt on the job, you naturally expect that you’ll be entitled to workers’ compensation benefits. But what happens when your loved one dies from injuries suffered at work, or from a work-related illness?

Under New Jersey law, when a person dies in a work-related accident or as the result of an occupational illness, certain individuals related to or dependent upon the decedent have the right to recover up to 70% of his or her average weekly wage (AWW) for the 52 weeks immediately prior to their death. For purposes of the law, the death will be treated the same as a permanent total disability, entitling beneficiaries to payments for up to 450 weeks. There are some statutory limits to the amount that can be paid.

Under the New Jersey workers’ compensation laws, qualified dependents automatically include the surviving spouse and any biological children who lived with the deceased at the time of death. Anyone else seeking to qualify as a dependent must prove actually dependency status (at the time of death) to the workers’ compensation judge. Furthermore, if a surviving spouse or natural child was not part of the deceased’s household at the time of death, that person must also provide evidence of dependency. The law considers a biological child a dependent until age 18, or until age 23, if the child remains in school. Offspring with physical or mental disabilities may qualify for additional benefits.

The law also requires that the workers’ compensation insurance company pay up to $3,500 in funeral and burial expenses for a work-related death. Those benefits are payable to whoever has legal responsibility to pay the funeral expenses, whether it’s an individual or the estate.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation
February 14, 2017 By Leave a Comment

What Benefits Can You Expect When You File a Workers’ Compensation Claim?

compensation

If you’ve been hurt on the job, but you’ve never filed a workers’ compensation claim before, you may be uncertain what benefits to expect. Maybe you’ve heard that you’re entitled to payments for lost wages or medical expenses, or even a lump sum when you have a permanent injury. This blog provides an overview of the benefits available in New Jersey when you submit a workers’ compensation claim.

The Basic Benefits

New Jersey law requires that your employer pay for all “reasonable and necessary medical care” when you have been hurt on the job. New Jersey is not what is known as a “wage loss state,” though, so technically, New Jersey workers’ compensation benefits do not include a provision for lost income. Instead, New Jersey mandates that employers compensate workers for any temporary disability, In essence an income replacement. Furthermore, if your injuries are permanent, even if they don’t keep you from working, you may be entitled to permanent disability compensation.

How Are Disability Payments Calculated?

For a temporary disability—where you were off work at least seven days, but are expected to or have returned to work—your temporary disability payments are calculated by taking 70% of your average weekly wage (AWW)—the average you earned over the last 52 calendar weeks. You may also be subject to maximum and minimum rates weekly benefits. To continue receiving any disability payments, you must remain under medical care. In addition, you can only receive temporary disability payments until you go back to work or until you have reached maximum medical improvement (MMI).

If, on the other hand, your disability is considered permanent, it will be identified as either permanent partial disability or permanent total disability. If you have sustained a permanent partial disability, you will be able to return to work, but will also be eligible for payments based on your percentage of disability. If your disability is permanent and total, meaning you can’t return to work, you will be entitled to 70% of your AWW for up to 450 weeks.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We handle all workers’ compensation claims on a contingency basis. We won’t charge you attorney fees if we don’t recover compensation for your losses.

Filed Under: Workers Compensation
February 6, 2017 By Leave a Comment

When Can You Expect to Start to Collect Workers’ Compensation Benefits?

Injured person filling out a work injury claim form

One of the benefits that the workers’ compensation laws are supposed to provide workers is more timely access to benefits, as you don’t have to go through all the procedures tied to a personal injury lawsuit. But what does that mean—when can you actually expect to start collecting benefits?

The Waiting Period to Collect

You can’t actually file a claim for workers’ compensation benefits until your injury has kept you out of work for at least one calendar week. Once you do file, though, you will receive payments retroactive to the date of your injury (if your application is approved). The waiting period, though, only applies to compensation for lost wages—you don’t have to wait to seek medical treatment.

When Will Payments Actually Start?

In the best of all possible worlds, you won’t likely receive your first payment for at least two weeks, as the workers’ compensation insurance company needs time required to process, evaluate and approve your claim. If your claim is challenged, you won’t see any payments until the dispute is resolved. Nonetheless, your employer and the workers’ compensation insurance company cannot intentionally delay your claim. Under the New Jersey workers’ compensation law, a delay of more than 30 days may be considered unreasonable (provided there are no legitimate challenges to your claim) and the insurance provider and/or your employer can be fined an additional 25% penalty for wrongful delay.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We handle all workers’ compensation claims on a contingency basis. There will be no attorney fees unless we recover damages for your losses.

Filed Under: Workers Compensation