Frequently Asked Questions About Workers' Compensation
Workers' Compensation
SUMMARY OF NEW JERSEY WORKERS' COMPENSATION BENEFITS
1. Temporary Disability
When out of work and under authorized medical care for more than seven days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).
The Courts interpret that authorization to return to “light duty” as a return to full-time employment and temporary disability benefits will stop. If you remain under medical care and if your employer does not have “light duty” work available, you may be entitled to continue temporary disability benefits.
2. Medical Benefits
The employer or its workers’ compensation insurance carrier will pay for all authorized medical treatment.
3. Permanent Disability
After all medical treatment has been completed, an evaluation of your disability will be made by our medical experts and the insurance company’s medical experts.
The petitioner must prove, by demonstrable, objective medical evidence:
A. There is a disability restricting the functions of the body or its members or organs; and
B. The disability appreciably impairs the ability to work or substantially interferes with other aspects of life.
FEES AND EXPENSES
1. Attorney’s Fee
The Court sets the attorney’s fee at the conclusion of the matter. It is contingent upon recovery. If there is no recovery, then no fee is payable. The fee cannot exceed 20% of the award by NJ law.
2. Treating Medical Reports and Records
If the reports or records are required for the adequate preparation of your claim, we will request them. It will be the client’s responsibility to pay for the actual cost of the document(s). The providers of medical services are usually reasonable in their charges for reports and records. These charges are regulated by the State of NJ.
3. Medical Expert Evaluations
Unless otherwise indicated, there is no advance charge for these evaluations. If sophisticated examinations are requested, i.e. pulmonary, cardiovascular, blood gas, or hearing, then a charge will be payable prior to the examination. The Court may allow credits or require additional payments at the time an award is entered in your favor.
4. Insurance Company Expert Examinations
These are conducted at no cost to you and are the sole obligation of the insurance company.
OFFICE HOURS
1. By Appointment, Only
Our office hours are 8:00 AM to 5:00 PM (Monday through Friday). We are closed on legal holidays. We request that you telephone to arrange a convenient appointment.
2. Telephone Calls
Please call if you have any questions, messages, or information. After office hours, our telephone is monitored regularly. Please feel free to leave a message on our voicemail system.
PLEASE NOTIFY US WHEN
1. You are instructed by a doctor to return to work;
2. You are discharged from medical treatment;
3. You have a new address or telephone number.
REQUESTS FOR INFORMATION
Kindly do not make any statements concerning your case to anyone unless advised by this office to do so.
COURT APPEARANCE
Your case may be listed many times for discussing preliminary issues. Your appearance at these hearings is usually not required, and you will not be notified of these dates. You will be notified by mail when your case requires your participation in court. We will also keep you advised of material progress in any settlement negotiations.
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The author, Jon L. Gelman, practices law in Wayne, NJ. He is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have represented injured workers and their families who have suffered occupational accidents and illnesses.
Recommended Citation: Gelman, Jon L., Frequently Asked Questions About Workers' Compensation, www.gelmans.com (2023),
https://www.gelmans.com/ReadingRoom/tabid/65/ArtMID/1482/ArticleID/449/preview/true/Default.aspx
© 2001-2023 Jon L Gelman. All rights reserved.
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