FAQs

What is Workers’ Compensation and what benefits are available?

Workers' Compensation is a system that provides benefits to those who have been injured in the course of their employment. Workers' compensation laws vary from state to state. In New Jersey, the following benefits are available:

  1. Medical Benefits: The employer is obligated to pay for all reasonable medical costs associated with a work injury until the injured employee reaches maximum medical improvement. Under NJ law, the employer has the right to choose the medical providers.
  2. Temporary Benefits: If the authorized treating doctor takes the injured employee out of work for a period in excess of 7 days, the employer is obligated to pay the employee 70% of his or her average weekly wage, up to the state maximum, until the employee is capable of returning to work.
  3. Permanency Benefits: The employer is obligated to compensate the injured employee for any permanent injury, which can be proved with objective medical evidence, in accordance with a schedule contained in the Workers' Compensation Act.

What if my employer will not provide medical care or temporary benefits?

If a treating doctor has the opinion that you are in need of curative medical treatment for an injury that occurred at work and the employer is not providing care, we have the ability to file a Motion for Medical and Temporary Benefits on you behalf and have the court decide if any treatment or benefits will be ordered.

What should I do if I am hurt at work?

The most important thing to do if you are hurt at work is make sure the injury is properly reported to your employer and ask them to provide medical care as soon as possible. It is also important to contact an attorney as soon as possible to understand your rights under the law.

Can my boss fire me for filing a Workers’ Compensation Claim?

It is against the law for your employer to take any retaliatory action against you for exercising your right to file a Workers' Compensation claim.

If I file a Workers’ Compensation claim, am I suing my employer?

No, a Workers' Compensation claim is not a law suit. Workers Compensation matters are processed in the NJ Department of Labor and Workforce Development. They are not handled in Superior Court.

If my Workers’ Compensation claim goes to trial, does it go before a jury?

No. If your claim goes to trial, it will be heard by a Workers' Compensation Judge.