Workers Compensation Laws in New Jersey
In New Jersey, employers are required to purchase worker's compensation insurance to cover their employees. This applies to employers with small numbers of workers and agricultural employees as well (no waivers are permitted). But an employer can terminate worker's compensation at any time, provided he or she provides the employee with a 60-day written notice stating that the coverage will end, and that it takes place at least 60 days before any accident that results in a worker's compensation claim.
Employers are not required to purchase worker's compensation insurance to cover domestic servants, but in the state of New Jersey, home owner's policies must carry provisions for domestic servants.
The employer chooses the physician who will provide the care for the injured employee for the duration of his or her disability. But the employer is only initially responsible for $100 in medical benefits. After that amount has been reached, the employee will have to petition for further treatment.
For temporary total disability and permanent total disability, benefits are figured on 70% of an employee's wages. The minimum weekly payment is $198 and the maximum is $742. Temporary total disability payments may continue for up to 400 weeks, while permanent total disability payments may continue for up to 450 weeks. Under certain circumstances, the payments may continue for life. After the 450 week maximum, depending on the employee's participation in rehabilitation and other issues, benefits may continue on a case by case basis.
Payments for permanent partial disability are also based on 70% of a worker's wage. But the minimum payment is $35 and the maximum is $742. The maximum period of payment is 600 weeks, with the maximum total payout being $445,200. Injuries resulting in the amputation of a limb or appendage may see an extra 30% paid to the worker.
There is no benefit for disfigurement, but rehabilitation benefits, as well as compensation for occupational hearing losses, may be available.
In New Jersey, a minimum death benefit is payable to the spouse or the spouse and children of a worker who has died as results of his or her job-related injuries, regardless of the employee's wages. If the percentage of the employee's wages is below that minimum amount, which is adjusted yearly for cost-of-living, then the minimum would be paid. Burial expenses are coverable.
A statute limits the amount of coverable attorney fees to 20%.
|You may contact a disability attorney, if you or someone you know has a disability or simply need to get more information.|