Practice Areas | Employees

New Jersey has a workers’ compensation system that covers employees’ medical costs – including physician care, surgery, prescribed medications, and rehabilitation through approved providers – and lost wages as a result of workplace injuries or illnesses. Compensation for lost wages is also referred to as temporary or permanent disability benefits. 

Temporary disability benefits are the most commonly received and are calculated at 70% of your average weekly pay. Permanent disability benefits are an additional compensation based on permanent injury or loss of function. Whether or not temporary or permanent disability will be granted depends on the strength of your case and the final decision of the court. 

The first thing to do is speak with your employer and notify them of your situation. Notifications don’t need to be in writing, but it’s always worth documenting any communication about a claim. 

Your employer will give you forms to document the event so they can file a claim. If your employer refuses to file a claim for you, you can file the claim yourself through the Division of Workers’ Compensation. 

Working with a lawyer can be extremely helpful in these types of cases, as denials can be common and the rules surrounding appeals are often complex. 

New Jersey is a no-fault state for workers’ compensation claims. That means that, when it comes to filing a claim, it doesn’t matter who or what caused the injury – you are still entitled to benefits.

Although attorneys may seem like an expense that you can’t afford when you’re strapped for cash, it’s highly advisable to retain legal counsel when you’re dealing with a workers’ compensation claim. Workers’ compensation claims are complex and emotions run high. Between the paperwork, legal and insurance regulations, and your own pain and suffering, you want to have an experienced attorney in your corner. 

Additionally, you may be entitled to collect money via a formal claim with the New Jersey Workers’ Compensation Courts, but this can only be filed by an attorney licensed in the state. Not filing the formal claim will impact your entitlements and may even affect your right to medical care.

At Mindas and Morris, we don’t require any upfront payment and we don’t collect any fees until your case is settled.

No, in New Jersey your employer can’t fire you because of a workers’ compensation claim or because you’re on work restriction as determined by an authorized treating physician. Your employer is legally required to accommodate those restrictions for the duration of your claim until you are released to normal work duty.

However, you aren’t protected from termination solely on the basis of being on workers’ compensation. If there were other demonstrable grounds for firing you, your employer could do so regardless of your claim. 

Yes and no. The answer to this question depends on your individual situation. As a general rule, you cannot receive workers’ compensation benefits AND work.

There are common exceptions to this, though. If you work two jobs of a different type, you may be able to continue work at the job you weren’t injured at as long as the type of occupation doesn’t overlap. For example, if you worked as a youth center basketball coach and injured your back during work, you might be able to keep working as an administrative assistant. 

In New Jersey, all public employers must have workers’ compensation insurance for their employees. If you find that your workplace doesn’t hold this insurance, you may need to sue to recover expenses.

There are lots of reasons why employers deny workers’ compensation claims. An experienced lawyer can help you determine the cause of the denial and what steps to take next to get your benefits.