There two different types of benefits that you are entitled to receive right away under the New Jersey workers’ compensation system:
- Temporary Disability Benefits
- Medical Benefits
Temporary Disability Benefits
New Jersey workers’ compensation entitles you to temporary disability benefits to compensate you for the wages you have lost while off work due to your injury. When eligible, you are entitled to 70% of your gross weekly wages subject to a statutory maximum and minimum rate established by the Commissioner of Labor and Workforce Development.
New Jersey requires you to miss seven days of work before you are eligible to receive temporary disability benefits. These seven days include holidays and weekend and do not need to be consecutive.
Typically, this means that upon the eighth day that you are unable to work, you will be due benefits retroactive from the first day you missed. However, this does not mean that you will receive these benefits on the eighth day. Generally, it takes about two weeks before you will begin to receive temporary disability benefits.
Medical Benefits
Your employer or its workers’ compensation insurance carrier is responsible for 100% of your medical care (emergency room visits, doctor’s appointments, prescription medication, crutches, etc.), as long as it is prescribed to improve your condition.
Unlike with other types of insurance, there is no co-pay, nor is there any minimum threshold amount that must be met before your medical benefits kick in.
Furthermore, if warranted, your medical benefits are due immediately, regardless of the number of days of work you have missed. So, you do not have to wait to see the doctor or receive medical treatment.
What If Your Benefits Are Delayed?
If your employer or its insurance company waits too long to provide these benefits to you, either because your claim has been denied improperly or because they are very slow in processing the claim, your attorney can file a motion for medical and temporary disability benefits with the Division of Workers’ Compensation.
This motion will be listed with the New Jersey workers compensation court within 35 days of the date it was filed and will be heard by a judge. He or she will then decide whether or not to enter a court order that will require the insurance company to provide you with immediate medical care and temporary disability benefits.
Furthermore, if it is determined that your employer or their insurance carrier has unreasonably delayed your benefits or denial of your claim, they may be held liable to you for an additional 25% of the amount owed to you plus the cost of any reasonable legal fees you have incurred in pursuing the delay. Typically, any delay of more than 30 days will be seen as unreasonable.
Contact an experienced New Jersey Workers Compensation Attorney
If you have been injured on the job in New Jersey and your workers’ compensation benefits have been unreasonably delayed or denied, you should consult with an experienced New Jersey workers compensation attorney who can help you get the benefits you are entitled to receive.