Workers’ Compensation in New Jersey is the primary recourse for most work-related injuries, regardless of fault. This system is designed to cover medical expenses, a portion of lost wages and permanent disability, if applicable.
General Workers’ Comp Questions
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What is workers’ compensation in New Jersey?
Workers’ compensation is a no fault insurance system that provides medical treatment, wage replacement and disability benefits to employees injured on the job. It protects workers regardless of who caused the accident.
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Who qualifies for workers’ compensation in Monmouth County, New Jersey?
Any employee injured while performing work duties—full time, part time or seasonal—is eligible for New Jersey workers’ comp benefits.
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Do I need to prove my employer was negligent?
No. New Jersey workers’ compensation is no fault, meaning you don’t need to show your employer did anything wrong.
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What if I was at fault for the accident?
You could still receive workers’ comp benefits even if you made an error, slipped, or weren’t paying attention. Fault does not matter unless you were intoxicated and your intoxication caused the injury or you were intentionally trying to hurt yourself.
Reporting and Filing your Claim
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How long do I have to report a workplace injury in New Jersey?
You should report the injury immediately, preferably the same day. Failing to give timely notice may jeopardize your benefits.
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How long do I have to file a workers compensation claim petition?
You generally have two years from the date of injury, last authorized medical treatment, or last benefit payment to file a formal claim petition with the Division of Workers Compensation.
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What if my employer refuses to file an injury report?
Contact the Law Offices of Michael S Williams immediately. We can notify the insurance carrier directly and file the required documents to protect your rights..
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Can I still file a claim if my injury developed over time?
Yes, repetitive stress injuries, occupational exposure and culminative trauma are covered but must be documented properly.
Medical Treatment and Doctors
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Who chooses my workers’ comp doctor in New Jersey?
The employer or insurance carrier chooses the treating physician. You generally cannot choose your own doctor unless it’s an emergency.
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What if the workers’ comp doctor won’t treat me properly?
We can challenge improper treatment, request a second opinion, or file a motion for medical benefits to force the insurer to provide appropriate treatment. Ultimately, our goal is to put you in the hands of doctors who are going to give you the best care. We are always on top of our client’s treatment plan and if the doctor isn’t providing the best care we get the issue in front of the workers’ compensation judge.
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Does workers’ comp pay for all medical treatment?
Yes. 100% of necessary authorized medical treatment related to the workplace injury is covered, with no copays or deductibles.
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What happens if I need surgery?
If surgery is medically necessary, the insurance carrier must authorize and pay for it. If they refuse, we could file a motion with the court.
Temporary Total Disability Benefits, (Lost Wages)
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How much will I receive in temporary total disability payments?
TTD benefits equal 70% of your average gross weekly wage up to the annual maximum.
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How long can I receive TTD benefits?
In New Jersey, you can receive TTD benefits until you return to work, are medically cleared for light duty and light duty has been offered, or reach maximum medical improvement (MMI).
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What if my employer offers light duty that I can’t perform?
If the assigned light duty job exceeds your restrictions, you may continue to receive TTD. We can challenge improper return to work demands.
Permanent Disability Benefits.
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What is Maximum Medical Improvement (MMI)?
MMI Means further treatment will not significantly improve your condition. After reaching MMI, your case moves towards a permanent disability evaluation.
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What is a Permanent Partial Disability (PPD) award?
A PPD award compensates you for lasting injury based on medical evaluations and disability ratings. This is a settlement for the loss of function to the body part(s) you injured.
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What is Permanent Total Disability?
Permanent Total Disability is awarded when you cannot return to gainful employment due to your injuries. Benefits may continue for the rest of your life if the disability persists.
Settlement and Court Process.
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What is a section 20 settlement?
A Section 20 settlement is a lump sum full and final settlement used in disputed cases. It closes your claim permanently with no right to reopen.
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What is a Section 22 settlement?
An Order Approving Settlement (OAS) pursuant to section 22 provides a PPD award and allows you to reopen your claim within two years of the date you received your last payment pursuant to the settlement if your condition worsens.
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Will I have to go to court?
Many cases settle at pretrial conferences. If a hearing is required, the attorney handles all legal arguments and you testify briefly about your injury.
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How long does a workers’ compensation case take?
It depends on how long you receive treatment. The case generally cannot end while you are still receiving treatment, especially authorized care. However, straightforward cases can settle within a few months, but disputed or complex injuries will take a lot longer. We always work to resolve cases efficiently while protecting your rights.
Employment and Job-Related Concerns
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Can my employer fire me for filing a workers’ comp claim?
No, it is illegal for your employer to retaliate, fire, harass, or discriminate against you for seeking workers’ comp benefits. If this does happen, you need to immediately contact our office.
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Do I have to return to work if I’m still in pain?
You should not return until the authorized doctor clears you. If you are forced back prematurely, we can challenge the decision.
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What if my employer won’t accommodate my restrictions?
If no appropriate light duty exists, you may still continue receiving TTD benefits.
Third-Party and Additional Claims
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Can I sue someone other than my employer for my injury?
Yes, you could file a third-party personal injury claim against anyone whose negligence caused your accident—such as a driver, subcontractor, or equipment manufacturer.
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Can I collect workers’ comp and file a personal injury claim?
Absolutely. Workers’ comp covers medical bills, wages and loss of function for your injury, while a third-party lawsuit can cover pain and suffering which workers comp does not provide.
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How does Workers’ Comp affect Social Security disability Benefits?
Your workers’ comp award may offset SSD benefits. We can coordinate your claims to maximize both.
Other Common Questions
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What if I had a pre-existing injury?
You could still receive workers’ comp benefits if work aggravated, accelerated, or worsened a prior condition.
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How much are workers’ comp attorneys paid?
Workers’ comp attorneys are paid 25% of the settlement or verdict. In section 20 settlement and dismissals the full attorney fee is deducted from your share. In section 22 Order approving settlements the workers’ comp insurance carrier will be responsible for 60% of the attorney fee.
Contact the Law Offices of Michael S. Williams After a Work Injury
We are a dedicated New Jersey workers’ compensation personal injury law firm who prioritizes your health, fights insurance delays, and maximizes your settlement. Our firm offers free consultations, no upfront fees, and direct access to your attorney at every stage of your case.
If you have been injured, speak with our experienced New Jersey lawyers at the Law Offices of Michael S. Williams. Call us today at 732-351-2800 or contact us online to schedule a free consultation. With offices conveniently located in Tinton Falls and New Brunswick, New Jersey we serve clients in Monmouth and Middlesex County and throughout the state.
