Common Questions Regarding Workers' Compensation

A: Yes, an accident for workers’ compensation purposes is any traumatic event which causes immediate pain. Accordingly, if you experience pain when lifting, you should report it to your supervisor.

A: No, the workers’ compensation carrier has the right to choose your doctor. If you believe that you are receiving sub-standard care from the workers’ compensation doctor, you should obtain a second opinion from your own doctor and seek the advice of an attorney.

A: You should always request a copy of the office note or prescription from the workers’ compensation doctor regarding the recommended treatment. Bring that office note to an attorney, who may file a “Motion for Medical Treatment” on your behalf with the Court.

A: Yes, you are entitled to receive temporary disability benefits equaling 70% of your gross average weekly wages prior to the accident, including overtime pay. If the carrier is not including overtime pay in the calculation of your average wages, you should gather copies of your paystubs for the six month period prior to the accident and bring them to a workers’ compensation attorney. A Motion to change your temporary disability rate may be filed with the Division of Workers’ Compensation.

A: No, it is illegal for an employer to retaliate against you for seeking benefits under the Workers’ Compensation Act. However, the Division of Workers’ Compensation currently does not have jurisdiction to adjudicate claims for wrongful termination. If you believe that you were fired due to your work injury, you may file a claim with the N.J. Department of Labor or the Superior Court of New Jersey.

A: Yes, because besides medical and temporary disability benefits, you may also entitled to receive an award for partial permanent disability benefits if your injury restricts the function of any part of your body, even if you returned to the same job.

A: If your authorized physician recommends that you return to work with restrictions, and your employer does not provide “light duty work,” then the workers’ compensation carrier must continue paying you temporary disability benefits.

A: Once the authorized physician determines that you have reached “maximum medical improvement” from treatment, then you are no longer entitled to receive temporary disability benefits, even if the treatment has not completely cured you and you cannot return to your prior occupation. You should seek the advice of an attorney in order to file a Claim Petition to obtain an award of partial or total permanent disability benefits in the Division of Workers’ Compensation. If you are disabled from all jobs, you should also apply for Social Security Disability. If you are able to perform another type of job, you should apply for unemployment benefits while you are looking for work.

A: A formal Claim Petition must be filed in the N.J. Division of Workers’ Compensation within two years of the date of the accident or two years from the date benefits were last paid through the workers’ compensation carrier, which is generally the last date you received medical treatment authorized through workers’ compensation.

A: Yes. If you are injured while performing work for an employer, you are entitled to receive workers’ compensation benefits, period. Fault or negligence is not a requirement for obtaining benefits. It does not even matter whether your own actions caused the accident; as long as the accident did not occur solely due to your intoxication or intentional harm to yourself, you would still be entitled to benefits if the accident occurred during the course of your employment.