Workers’ Compensation Lawyers Plainfield, NJ | Union County | Work Injury Lawyers
If you get hurt at work and need medical treatment and subsequent recovery time, you are entitled by New Jersey state law to file a claim for Workers’ Compensation benefits. Every employer in the State of New Jersey is required to provide employees with Workers’ Comp coverage that provides medical care and replacement pay while the employee is out of work recuperating from an injury that occurred on the job.
For decades, the knowledgeable and experienced Workers’ Compensation attorneys at Team Law have been successfully helping workers in Essex, Union, Middlesex and Hudson counties in New Jersey file for temporary disability benefits. If you or someone you know has suffered a workplace injury, don’t wait to file your claim for Workers’ Compensation. There are deadlines and guidelines to follow to ensure that you get the maximum benefits you are entitled to receive. Contact Team Law for help with your workmans comp case.
When Do Temporary Total Disability Benefits Kick In and How Much Can I Get Paid?
The amount of replacement pay, sometimes called Workers’ Comp, temporary disability or disability benefits, you can receive is determined by NJ state law. The clock starts ticking from the first day you are out of work. If you are out for seven days or less, you are not entitled to receive replacement pay. However, on the eighth day out of work following a workplace injury, you will retroactively receive 70 percent of your average paycheck (based on the prior 26 weeks of earnings). The 2015 amount caps out at $855 per week, no matter how much you typically make. You can get replacement pay for up to 400 weeks. These benefits are cut off if:
- You’ve been collecting replacement pay for the full 400 weeks allowed by NJ law
- Your Workers’ Compensation doctor declares you have reached the maximum level of medical improvement and they determine you can go back to work
- You return to work on your own
Can They Send Me Back to Work on “Light Duty?
It’s not unusual for someone to be sent back to work to perform “light duty while they are still being treated. If you are placed on light duty, you will no longer be able to collect replacement pay. If you believe the doctor is trying to send you back to work before you are ready or if your employer is failing to honor the doctor’s orders for “light duty, contact Team Law for assistance. This is a very complex area of Workers’ Compensation law. We will fight to get you the full extent of the benefits you are entitled to under the New Jersey Workers’ Compensation system.
If I Get Hurt at Work, Can I Go to My Own Doctor?
The answer is simple: not if you want to collect Workers’ Compensation benefits. Under New Jersey law, your employer (via their Workers’ Comp insurance carrier) gets to choose the doctor who will examine you and make a determination about your medical treatment. Some things to know:
- If you suffered a severe, traumatic injury and are rushed to the hospital, the doctor who treats you in the emergency room will generally be approved by the insurance carrier. Otherwise, you usually will be referred to a medical clinic, chosen by the insurance carrier, that does a lot of Workers’ Comp work.
- The Workers’ Compensation doctor will assess your injuries and treat cuts, bruises, strains and strains and the like. The insurance companies refer you to specific doctors who regularly work with Workers’ Comp cases and they will do everything possible to get you back to work quickly. They aren’t looking to cheat you out of essential treatment, but they aren’t going out of their way to provide anything beyond basic medical care. In other words, less out-of-pocket cost to the insurance company by getting you back to work quickly may mean more referrals for the Workers’ Comp doctor.
- If the assessment reveals something beyond what a Workers’ Comp medical clinic can handle, they will let the insurance carrier know that a specialist is needed. Usually the specialist will be a physician that doesn’t focus his practice mainly on Workers’ Comp cases. The upside here is that the medical care you receive may be more comprehensive. Specialists are generally not working hand-in-hand with the insurance carrier and their treatment may be more extensive.
If the doctor is trying to send you back to work too soon, or if they are denying you treatment you believe is necessary for your recovery, call Team Law for help with your Workers’ Comp claim today.
Contact an Experienced NJ Workers’ Comp Lawyer Who Will Work Hard to Get You the Temporary Disability Benefits You Deserve
For decades, the Workers’ Compensation attorneys at Team Law have been focused on helping injured employees in New Jersey get the benefits they are entitled to receive. We aren’t afraid to take on insurance companies or other lawyers, right up to the Supreme Court of New Jersey. We will be by your side during the important in-court hearing process.
We know our way around the courts in Essex, Hudson, Middlesex and Union counties. Let us put our experience to work for you. Contact Team Law today for a free consultation about your Temporary Disability claim.