Workers’ Compensation Attorneys Assisting Injured Employees in New Jersey
An injury in the workplace often not only causes pain and suffering but also renders the injured employee unable to work. As a result, many injured workers suffer a loss of income and worry about making ends meet. Fortunately, though, many people who are injured at work are eligible to receive income benefits from their employer’s workers’ compensation insurer. If you were injured at work, you should speak with a trusted attorney regarding the benefits that may be available to compensate for your lost wages. The New Jersey workers’ compensation lawyers at The Law Offices of Jonathan F. Marshall are proficient at aiding injured workers in the pursuit of benefits, and we will work tirelessly to help you seek any income benefits that you may be owed.
Eligibility for Workers’ Compensation Benefits
A person seeking income benefits from an employer’s workers’ compensation insurer must meet certain requirements to be eligible for these benefits. First, the person must have an employment relationship with the employer. In other words, independent contractors generally are not owed income benefits. Workers are presumed to be employees, however, and the employer bears the burden of proving otherwise. The person must show that his or her injury or illness arose out of the scope and course of his or her employment, which means that the injury occurred while the person was at work or due to environmental factors in the workplace, rather than some outside factor. Lastly, injured employees are required to notify their employers of an injury within 14 days of the date of the injury.
Income Benefits Available
Injured workers may be granted temporary total disability benefits or permanent partial or total disability benefits. If an injured worker is disabled for more than seven days, he or she will be eligible to recover temporary total disability benefits. The temporary total disability benefits are paid at a rate of 70% of the worker’s average weekly wage, as long as that rate does not exceed or fall below certain limitations. Temporary total disability benefits usually are paid until the worker is released to return to work or reaches maximum medical improvement. If the worker is left with a permanent injury, however, he or she may be eligible for permanent benefits.
If a worker has a permanent partial disability, he or she may receive permanent partial disability benefits. A permanent partial disability is an injury that impairs a person’s ability to work, but does not prevent the person from working altogether. Permanent partial disability benefits are paid on a weekly basis after the worker’s temporary disability ends. The rate of the benefits and the duration for which they are paid depend on the type and severity of the injury.
If the injured worker has suffered an injury that prevents him or her from working in any capacity, the worker may be eligible to receive permanent total disability benefits. Additionally, if a person suffers the loss of two major body parts, such as both feet, or a combination of major parts, including the legs, feet, eyes, hands, or arms, he or she will be deemed permanently totally disabled. Permanent total disability benefits are paid for 450 weeks initially, at a rate of 70% of the worker’s average weekly wage, within certain parameters. If the worker is still unable to earn an income after the initial 450-week period, the benefits may continue, but the rate at which the wages are paid will be adjusted.
Discuss Your Case with a Knowledgeable New Jersey Lawyer Today
If you suffered an injury due to your job, you may be owed workers’ compensation benefits and should speak to an attorney regarding how to pursue your claim. The knowledgeable workers’ compensation attorneys at The Law Offices of Jonathan F. Marshall are adept at helping injured employees recover benefits. We represent injured workers throughout New Jersey, including in Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset, and Union Counties. You can reach us at 800-999-0897 or through our online form to set up a confidential meeting at no cost.