If you suffer a work-related illness or injury, you should be eligible to receive benefits from your employer’s workers’ compensation insurance company. Under New Jersey laws, an employee generally does not have the right to file a lawsuit against their employer, so workers’ compensation benefits are their only remedy for medical bills and lost wages. For this reason, it is critical that an employee receives the full amount of benefits to which they are entitled.
The amount of your workers’ compensation check is only one part of the equation, as the length of time you receive benefits is extremely important, as well. In some situations, benefits may be needed for a short period of time while, in others, you can receive ongoing benefits for quite some time, depending on the type of benefits being received.
Medical benefits – Workers’ compensation should cover 100 percent of your medical expenses for the length of time treatment is necessary, which can be months or even years following an injury or illness.
Temporary disability benefits – If you miss at least seven days of work due to your injury, you should be eligible for temporary disability payments, which can replace up to 70 percent of the earnings you are losing. These payments can continue for up to 400 weeks or until you can return to work.
Permanent disability benefits – If you have sustained permanent harm and are left with impairments, you can receive payments for your permanent disabilities. These payments depend on the type of disability you suffered and you ability to perform other types of job duties. This type of benefit can continue for up to 450 weeks or longer if you provide additional evidence of your inability to work.
Death benefits – If you have lost a family member in a workplace accident, your family may be eligible for death benefits to help cover lost financial support. Death benefits may be paid in New Jersey for 450 weeks.
Should you Accept a Settlement?
While weekly benefits may last for years in New Jersey, the workers’ compensation insurer may offer you a one-time lump-sum settlement in lieu of providing continual benefits. While a large lump sum may seem like a good decision, you must ensure that the offer is enough to sufficiently cover your lost income and medical bills before you accept. If you accept an offer that is too low, you may not go back and ask for more benefits in regard to that particular injury. You should always discuss the adequacy of a settlement offer with an experienced attorney before choosing a lump sum payment over continuous benefits.
Discuss your Situation with an Experienced New Jersey Workers’ Compensation Attorney Today
Obtaining workers’ compensation benefits for your medical care and lost income is only the first step in your workers’ compensation case. You can still suffer serious financial losses if your benefits are reduced or terminated too quickly. An experienced New Jersey workers’ compensation lawyer at the Wilton Law Firm can review your case to determine whether or not you deserve ongoing benefits. We can also review any settlement offers and negotiate with the insurance company to make sure all of your needs are met. Call us today at 732-275-9555 to discuss your case.