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Workers compensation

Charlotte, MI |

I hurt my shoulder at work 11 months ago have had surgery went back to work on light duty, have recently found out that my shoulder is froze, have taken some days off of work (with a doctors slip) due to pain in my shoulder, now work comp is saying that they will not pay me lost wages for these days, can they do that.

Attorney Answers 1


NJ Temporary disability benefits continue to be paid until the injured worker either returns to work or his physical well-being has been restored as much as possible. Temporary and permanent disability benefits cannot be paid concurrently. Temporary disability benefits can be paid for a maximum of 400 weeks. However, temporary compensation benefits cease at the earlier of two (2) dates, either when the employee is able to resume work or when the employee is as far restored as the injuries will permit. In some instances where the employee is capable of performing light-duty work which is not his usual job, the worker may qualify for temporary disability benefits if no suitable work is available. In instances where the injured worker is awaiting surgery and is capable of working a few hours at light duty, the worker is not precluded from receiving an award for temporary disability benefits. When an employee is under active medical treatment and has been released for "light duty work," the employer is required to provide "light duty" work for the injured worker or pay temporary disability benefits.

The employee's ability to perform some light duty is not a basis for denying disability benefits when the employee is trained in a skill which the employee cannot perform because of his or her injuries or when the employer has no light duty.

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