Who is Eligible for Workers’ Compensation Benefits in New Jersey?

If you were hurt on the job in New Jersey, you may be wondering whether you qualify for workers’ comp and what steps you need to take to protect your rights. To learn more about who is eligible, continue reading and schedule your free consultation with a New Jersey workers’ compensation benefits attorney today.

What is Workers’ Compensation?

Workers’ compensation, also referred to as workers’ comp, is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. It functions as a no-fault system, meaning an injured employee does not have to prove that their employer was negligent to receive benefits. At the same time, the employer typically gains immunity from lawsuits by the employee for work-related injuries.

This system is designed to provide quick, efficient relief to injured workers without the need for drawn-out litigation. Employers in New Jersey are generally required to carry workers’ compensation insurance, either through a commercial carrier or by self-insuring. When an injury occurs, the employee must notify the employer promptly. The employer then reports the claim to their insurance carrier. The insurer investigates the claim to determine if the injury is job-related and, if approved, begins covering necessary medical treatment and providing temporary disability payments to replace lost wages. It serves as an important safety net for workers, ensuring injured employees can access care and maintain financial stability while recovering.

What Type of Benefits Does Workers’ Comp Provide?

Workers’ compensation in New Jersey offers several benefits designed to help injured employees recover and maintain financial stability. The primary types of benefits are:

• Medical treatment: Necessary and reasonable medical care related to the work injury or illness is covered, including doctor visits, hospital stays, prescriptions, and physical therapy, with no deductibles or co-pays.
• Temporary disability: These are wage replacement payments for time lost from work while recovering. These benefits are paid at 70% of the employee’s gross average
  weekly wage, including overtime, up to the state maximum.
• Permanent disability: If an injury results in a permanent impairment, the employee may receive benefits for permanent partial or permanent total disability benefits, calculated based on the severity of the impairment, the year of the accident, and the average weekly wage.
• Death benefits: In tragic cases resulting in death, dependents of the deceased worker may receive funeral expenses and weekly dependency benefits.

Who is Eligible for Workers’ Compensation Benefits in NJ?

In New Jersey, most employees are covered by workers’ compensation, regardless of whether they are full-time, part-time, temporary, or seasonal workers. The relevant requirement for eligibility is that the injury or illness must arise out of or occur in the course of employment. This means there must be a direct link between the job duties and the injury sustained.

While most employees are covered, there are a few exceptions, though they are rare. Independent contractors are generally not considered employees and are therefore ineligible. Maritime workers and railroad employees are typically covered under federal laws (like the Jones Act or the Federal Employers’ Liability Act) instead of state workers’ comp. Generally, if you are hired to perform services for an employer in New Jersey, you are likely eligible, given that you report the injury to your employer promptly as required by law.