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It only takes a moment for an ordinary workday to change course. That said, if you were injured on the job, the good news is that New Jersey’s workers’ compensation system was designed to provide injured employees with essential medical care and financial support. Continue reading to learn more about workers’ compensation benefits in New Jersey and how a Warren County workers’ compensation lawyer from Pezzano Law Group (Warren County office of LCR Law) can help you fight for them.
Workers’ compensation provides several types of benefits depending on the nature and severity of the injury. These include medical benefits, wage replacement, permanent disability benefits, and, in tragic cases, death and dependency benefits. A brief overview of these benefits is as follows.
If you are injured while performing your job duties, your employer (or their insurance carrier) is responsible for covering all reasonable and necessary medical treatment related to your injury. This includes doctor visits, hospital care, physical therapy, prescriptions, and any required surgical procedures.
However, there is an important limitation, which is that your employer has the right to select the treating physician. If you seek treatment on your own without authorization, those expenses may not be covered, unless it is an emergency situation.
When an employee cannot return to work for more than seven days due to a job-related injury, temporary total disability (TTD) benefits begin. These benefits are meant to replace a portion of your lost wages while you recover. Generally, you are entitled to receive 70% of your average weekly wage (AWW), subject to the state’s maximum and minimum benefit rates, until you return to work, reach maximum medical improvement (MMI), or for up to 400 weeks, whichever comes first.
For workers who are unable to return to any type of gainful employment due to their injuries, permanent total disability (PTD) benefits provide ongoing financial assistance. Initially, these benefits last for 450 weeks. After that period, they may continue if the workers can demonstrate continued total disability. The benefit amount remains at 70% of the average weekly wage.
If a workplace accident or occupational illness results in death, the worker’s dependents (usually a surviving spouse and children) may be entitled to weekly payments equal to 70% of the deceased worker’s average weekly wage. The employer or insurer is also responsible for covering funeral expenses up to the amount set by law.
The foundation of most workers’ compensation benefit calculations is the average weekly wage (AWW). This figure represents the worker’s typical earnings before the injury occurred, including overtime, bonuses, and other regular income. It is used to determine how much an injured worker will receive each week while they are unable to work.
To calculate AQQ, the employer generally reviews the worker’s gross wages over a set period prior to the injury (often the 26 weeks leading up to the accident) and divides that total by the number of weeks worked. For employees with variable hours, seasonal jobs, or multiple part-time positions, this calculation can become more complex. In such cases, averages or comparable wage histories may be used to arrive at a fair figure.
Each year, the New Jersey Department of Labor and Workforce Development updates the statewide maximum and minimum benefit rates for workers’ compensation claims. For 2025, for instance, the maximum weekly rate is based on 75% of the State Average Weekly Wage (SAWW), and the minimum rate is 20% of the SAWW.
Workers employed part-time or on a seasonal basis are still eligible for benefits, but their AWW will be based on what they regularly earn in that role. If an employee’s work schedule varies significantly, the calculation may include consideration of the average earnings of similarly situated employees.
Your employer’s insurance carrier must provide and pay for all necessary medical care related to your work injury. This includes diagnostic testing, surgery, hospital stays, physical therapy, medication, and follow-up appointments. However, your employer has the legal right to direct your medical treatment by choosing your treating physician. You may not freely select your own doctor unless the employer fails to provide treatment or there is an emergency requiring immediate care.
The length of time you can receive benefits depends on the type of benefit and the extent of your recovery. Temporary total disability benefits continue until you return to work, reach maximum medical improvement, or for up to 400 weeks, whichever comes first. Permanent partial disability benefits are paid for a set number of weeks according to the percentage of impairment and the body part affected. Permanent total disability benefits begin at 450 weeks but may continue indefinitely if total disability persists.
In cases involving death benefits, payments to dependents continue for as long as eligibility exists. For example, a surviving spouse typically receives benefits until remarriage, while children receive them until reaching the age of 18 (or 23 if enrolled full-time in school).
If you were injured on the job, the legal team here at Pezzano Law Group is here to help you fight for the workers’ compensation benefits you deserve and need to heal. Contact us today to schedule a free initial consultation.
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