What Benefits Are Available Under Workers' Comp?

Representing Injured Workers In South Jersey For 50 Years

If you were injured at work, your employer is required to provide certain benefits under the New Jersey Workers' Compensation system. Unfortunately, employers and their insurers do not always honor their obligation. They have a financial incentive to deny claims, refuse expensive treatments, downplay benefits or terminate claims prematurely.

At Smith Magram Michaud Colonna, P.C., you are counseled and represented by experienced workers' compensation lawyers. We have helped hundreds of local clients in Burlington County, Camden County and surrounding New Jersey areas obtain and protect their rightful benefits.

New Jersey Workers' Compensation Benefits

Below is a brief summary of the primary benefits. Our lawyers can explain which benefits apply in your case and intervene if the insurance company or employer tries to undermine your rights.

  • Medical treatment — You are entitled to reasonable and necessary medical care, without deductibles or other cost to you. This includes doctor visits, hospitalization, X-rays, medications, medical equipment, physical therapy, surgery and other care related to your injury. You must initially treat with designated physicians chosen by your employer but there are exceptions if you are not getting the care you need.
  • Temporary disability (wage loss) — If you cannot work because of your job-related injury, you are entitled to disability checks equal to 70 percent of your gross weekly wages (up to a maximum amount).
  • Partial disability — If part of your body was permanently damaged but you are still able to work, you may be entitled to permanent partial disability benefits. The "scheduled loss" payments are based on which body part was injured and the degree of damage.
  • Total disability — If you suffered an injury that makes you unemployable, you may qualify for permanent total disability benefits. Permanent disability is paid at 70 percent of your prior wages, for up to 450 weeks, and at a prorated level after that.
  • Death benefits — If a workplace accident or work-related illness leads to a worker's death, his or her dependants are entitled to weekly benefits to make up for the lost income. Spouses and children living in the household automatically qualify. Other family members who were not part of the household must prove they were dependent on the deceased worker. Surviving children are entitled benefits until age 18 or until age 23 if attending school full-time. Workers' comp also covers funeral expenses up to $3,500.

Our Role As Your Workers' Compensation Attorneys

We make sure that your benefits are calculated correctly, accounting for all sources of income. We can step in if your claim is unfairly denied, your benefits are unreasonably delayed or your medical treatment is not authorized. We can challenge an unfair disability rating, an ultimatum to return to work, or an unwarranted termination of your disability benefits. We can negotiate a lump sum settlement when it is in your best interests to close your medical and/or wage claims. We can intervene to convince employers and insurers to honor your rights at any stage of the claims and appeals process.

Our lawyers know work injury law and are fiercely protective of our clients. For a free consultation, call our Burlington office at 800-661-8309 or contact us online. We can also come to your home or hospital if you cannot travel to us because of your injuries.