At any given construction site in New Jersey, there are always risks of injuries and accidents, whether it is a fall accident, i.e., fall from scaffold, or a forklift accident, i.e., a worker is run over by a forklift. After work accidents, many injured workers and their families are at a loss as to what they need to do. Many also do not understand their legal rights. In this article, we will discuss what workers need to do after their New Jersey work accident.
The first thing injured workers need to do is file a workers’ compensation claim. Injured workers may receive the following benefits after an accident pursuant to NJ workers’ compensation law:
- medical benefits,
- temporary total benefits,
- permanent partial benefits, and
- permanent total benefits.
For purposes of this article, we will only discuss medical benefits and temporary total benefits.
Medical bills related to the work accident are covered by workers’ comp. However, workers must go to the providers approved by the workers’ compensation carrier. Typically, after a workers’ comp claim is filed, a nurse case manager will be assigned to the case and will help the injured worker set up medical appointments.
Temporary Total Benefits
What many workers may not know is that even though workers’ compensation covers wage loss, it does not cover 100% of the wage loss. Injured workers will only receive about 70% of their weekly salary within the minimum and maximum limits set by law during the year of the accident. The minimum and maximum limits are different every year, and for 2017, the maximum is $896 and minimum is $239. For instance, if 70% of an injured worker’s weekly salary is $1200, he will only receive the maximum of $896.
Third Party Lawsuits
Although workers’ compensation reimburses injured workers for some of the financial losses, it is not enough for many workers and their families. Many injured workers file workers’ comp claims and do not realize that they have other legal rights. In addition to workers’ comp claims, they may file third party lawsuits against parties that may have caused the work accident. In the third party claims, injured workers may recover the lost wages not covered by workers’ comp claims, as well as pain and suffering damages.
Visit our work injury legal library to learn more about third party lawsuits for NJ work accidents.
Help After NJ Work Accident and Injuries
It is crucial for injured workers in New Jersey to speak to a work injury lawyer who has experience in handling workers’ compensation and third party claims. Our NJ work injury lawyers have helped countless injured workers recover their injuries and damages via workers’ comp claims AND third party lawsuits. Our lawyers offer FREE consultations. Call 609.223.8900.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.