Workman's Compensation
Workman's Compensation Information
These laws are different in that they are
designed to compensate employees who are injured or
disabled on the job, possibly without the need for
litigation. Benefits for dependents are also
provided under these laws. New Jersey's system of worker's compensation (workman's comp) is technically elective, meaning that employers are not required to provide worker's compensation insurance for their employees. However, in practice New Jersey's system is effectively compulsory. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.
Special Employment Situations
The state worker's compensation act applies to agriculture workers and again, although technically elective, is functionally compulsory. Domestic workers are covered by the state workers compensation act in the same manner as any other employee.
Medical Benefits & Choice Physician
Full medical benefits are provided to employee entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to weekly maximum and minimum payment amounts. Payments may continue for up to 400 weeks. Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PTD continue for the duration of the disability, or in some cases for life. Benefits are subject to offsets for Social Security, black lung, or disability pension benefits. Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PPD may continue for up to 600 weeks. Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits. Physical and vocational rehabilitation benefits are available. With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are limited to 20% by statute. In certain cases, the attorney fee may be added to the award. At the Law Offices of Vincent J. Ciecka, P.C. we highly specialize and been very successful in obtaining high recoveries in workman's compensation injury related cases. If you have a situation where you or someone you know might be a victim of this type of injury due to the negligence of someone else, please contact us as soon as possible to discuss your specifics and help you determine if indeed you have a case so you can obtain due compensation for such injuries.
