If you are missing work in New Jersey due to a job-related injury, but your employer’s workers’ compensation carrier has denied your claim, you can and should employ an experienced workers’ compensation attorney to file on your behalf motions for Medical Treatment and Temporary Disability Benefits with the workers’ compensation court. By law, these motions must be heard by the court within 30 days of filing and when granted, will force your employer to provide you with the medical treatment and disability benefits you are entitled to receive.

In addition, while you pursue your workers’ compensation claim further, you may be eligible to receive temporary disability benefits under the state’s Temporary Disability Benefits Law (TDBL). New Jersey’s TDBL benefits are funded by payroll taxes levied against employers and their employees and provides up to 26 weeks of partial wage replacement to qualified employees.

Eligibility For New Jersey TDBL Benefits

To be eligible for TDBL benefits, you must meet the following criteria:

  1. You must have an injury or illness that prevents you from working and be under a doctor’s care for that condition; and
  1. You must have worked for your employer at least 20 calendar weeks, earning a minimum $145 per week; or
  1. You must have earned at least $7,300 during the 52-week right before the week you became disabled.

How to Receive New Jersey TDBL Benefits

To receive TDBL benefits, you will need to have your doctor verify that you cannot return to work and submit a 3-part form to the Division of Workers’ Compensation with your doctor’s statement attached.

The state will then send you an additional form to fill out called a Contested Workers’ Compensation Form. Once you submit this form, the state will pay you benefits while you’re out of work and while you and your workers’ compensation attorney to pursue your claim further. A lien will then be placed on any workers’ compensation benefits you may eventually receive.

Private Plan Disability Benefits

In addition, to temporary disability benefits available to you from the state, the Temporary Disability Benefits Law allows an employer to provide private temporary disability benefits by means of a state-approved private insurance plan rather than the state plan. These private, disability insurance plans vary from employer to employer, but sometimes offer more benefits that the state plan and with more liberal requirements.

Contact An Experienced New Jersey Workers’ Compensation Attorney

If you have any additional questions as a result of this information, you are encouraged to get in contact with an experienced New Jersey workers’ compensation attorney. An experienced attorney can review your claim and help you understand what causes of action you might have and what benefits may be available to you.