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Our South Jersey workers’ compensation attorneys at Puff, Sierzega & MacFeeters strive to protect the rights of injured workers.
Our team understands that New Jersey’s workers’ compensation laws are intricate and fact-specific. To that end, it is our duty to our clients that each case be handled carefully and with the personal standard of care that our clients have grown accustomed to. We understand that your health and employment are among the most critical aspects of your life. As such, our team of workers’ compensation attorneys and staff will zealously represent your workers’ compensation claim to receive the maximum compensation and ensure future protection for our clients.
Our team will work to ensure that your employer upholds your rights. As an employee in a work-related injury, you can be entitled to three main types of benefits, which may include medical treatment, temporary disability benefits (wage replacement), and permanent disability benefits. In addition, an injury on the job may entitle you to both workers’ compensation benefits and the right to sue another party for your injury or loss. We invite you to consult with our experienced attorneys if you believe you have a workers’ compensation case.
The three main types of entitlements in workers’ compensation cases include the following:
Medical Treatment
The employer’s workers’ compensation insurance carrier is responsible for covering all curative medical treatment related to the injury. This is the treatment that, by objectively measurable standards, improves the employee’s condition, bringing them closer to their condition before the accident. This is in comparison to palliative treatment, which makes the employee feel better subjectively, rather than improving their condition.
In return for this obligation to pay for all medical treatment, the insurance company has the right to control the treatment and direct the employee to whichever healthcare provider it chooses. Thus, the employee, although entitled to have all curative treatment paid for, does not have the right to use their own family physician (unless the insurance carrier approves the physician).
Temporary Disability Benefits (Wage Replacement)
Often, an employee is unable to work during the period when curative treatment is being administered. If that is the case, the treating physician issues a Certificate of Disability, and the insurance company is then obligated to pay the employee 70% of the employee’s gross weekly wages, up to a cap of $496.00 (for disabilities resulting from injuries sustained in 1997). This right to temporary disability benefits accrues once the employee has been out of work for at least seven days due to treatment for the sustained injury.
Sometimes, a physician will send an employee back to work on “light duty” during the course of treatment. This means that the doctor believes the employee can return to work, provided certain restrictions are observed regarding the employee’s activities in the workplace. For example, someone who has sustained a back injury may be limited in the amount of weight they can lift. The employer is obligated to provide light duty to the employee if it is available. This provision is in the law to allow employees to earn 100% of their gross weekly wages during the period of treatment, if possible, rather than 70% of their salaries, subject to a cap. Suppose the employer has no light-duty available for the employee. In that case, the employee can then return to full disability and receive temporary disability benefits until released to return to work without restrictions by the physician or until curative treatment is completed.
Permanent Disability Benefits
It may be, upon completion of curative treatment, that the employee is still restricted in what they can do in their professional and/or personal life. If so, the injury has created a permanent disability that cannot be corrected through curative treatment. Upon release from treatment, the employer’s insurance company has up to six months (26 weeks) to have the employee examined by a separate physician to determine whether any objective medical indicators suggest permanency of the injury. The employee is also entitled to have their own examining physician assess the degree of permanency.
Permanent disability under New Jersey workers’ compensation law is measured as a percentage of total disability. This means an employee does not need to be completely disabled to qualify for benefits — even a partial or limited impairment may make them eligible. Once the percentage of permanent disability is determined, either through an agreement with the employer’s insurance company or a decision by a workers’ compensation judge, the total benefit amount is calculated. The payout is based on the percentage of disability and the specific body part affected, with payments distributed over a set number of weeks from the date of medical release. It’s important to note that this compensation is fixed by statute and does not include additional damages for pain and suffering.
Our attorneys have handled hundreds of workers’ compensation cases, encompassing a wide range of matters, from settlements to complex litigation. Our attorneys and staff are experienced in handling all work-related injuries and accidents. We have the experience and resources to handle all workers’ compensation cases.
To schedule a consultation or to speak with one of our workers’ compensation attorneys to discuss your case, please call (856) 845-0011 or email our office online.