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New Jersey Worker's Compensation Benefits

Important Notice: The following overview of New Jersey's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of New Jersey's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of New Jersey.

Contents

Introduction

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 agricultural workers and again, although technically elective, is functionally compulsory. Domestic workers are covered by the state worker's compensation act in the same manner as any other employees.

Medical Benefits & Choice of Physician

Full medical benefits are provided to employees 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.