• Medical treatment
• Wage replacement benefits
• Vocational rehabilitation
• Permanent disability awards
• Death benefits
An employee or their dependents can receive workers' compensation benefits for an injury or death arising out of and in the course of employment. There are three types of Workers’ Compensation Benefits: Medical Benefits, Temporary Disability and Permanent Disability.
Your employer is required to pay for all necessary and reasonable medical treatment, prescriptions and hospitalization services related to the work injury. There are no deductibles or co-payments. You must notify your employer as soon as possible concerning the treatment being received and the injuries you suffered.
However, your employer has the right to designate the authorized treating physician for all work related injuries. If your employer neglects or refuses to provide medical treatment or if an emergency exists, may the injured worker choose the treating physician. In the case of the latter, the injured worker should notify the employer as soon as possible concerning the treatment being received.
Temporary Disability is wage replacement while you are unable to work. If you are unable to work and there is a doctor saying that you can’t work, you will be eligible to receive temporary disability benefits, You will receive 70% of your average weekly wage subject to each years maximum and minimum rate. These benefits are provided during the period when a worker is unable to work and is under active medical care.
Temporary Disability benefits are usually terminated when the worker is released to return to work in some capacity or if he or she has reached maximum medical improvement (MMI). MMI is a term that is used when additional treatment will no longer improve the medical condition of the injured worker.
When you are done treating and you have reached maximum medical improvement, you may be entitled to Permanent Disability Benefits. Permanent disability does not necessarily mean you are totally disabled and unable to work (although it may in some cases).
Permanent Partial Disability means you have suffered a permanent injury and as a result you are somewhat less than a whole person or whole employee. If you suffered an injury to your leg you will receive an award for how much less of a leg you now have. If you injured your hand, you will receive an award for how much less of a hand you now have. If you injured your back, neck, shoulder or internal organs you will receive an award based upon how much less of a “whole” person you are.
If your injury prevents you from returning to any type of gainful employment, you may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for a period of at least 450 weeks and may be paid permanently.
Dependents of a worker who dies because of a work related injury or illness may be eligible to receive death benefits. The weekly benefits payments are 70% of the weekly wage of the deceased worker. The benefit amount is divided by the surviving dependents as determined by a judge after a hearing on extent of dependency. The employer is also responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual.
Dependents include a surviving spouse and children of the deceased. In some cases, other family members (parents, grandparents, grandchildren, brothers, sisters, etc.) may be considered dependents as well.
If you suffer an injury on the job you should immediately report the injury to your manager, supervisor or Human Resources Department. Additionally, you should request that they provide you with medical treatment. If they do not provide you with medical treatment you should seek treatment at the hospital or with a doctor.
Before speaking with anyone else about your injury, you should contact the offices of Simon Sarver Swetz & Jachts LLC in Paterson, Fairfield & East Orange, NJ at 973-279-6100 and discuss your rights with an attorney.
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