Employees injured at the workplace in the course of and arising out of their employment are entitled to three types of benefits from their employer: 1) medical treatment, 2) temporary disability benefits, and 3) permanent disability benefits. All medical treatment must be authorized, which means that the employer's insurance company must pre-approve any treatment or otherwise the injured worker may be financially responsible for his or her medical bills. Temporary disability benefits are paid when the worker has lost more than seven (7) days of work due to his or her injuries. Once the employee has been out of work for more than seven days total (but not necessarily 7 consecutive days), the employee receives benefits retroactively beginning with the first day of missed work. Finally, permanent disability benefits are paid when the worker sustains a permanent injury, which can only be determined after treatment has been completed.
Filing a Claim Petition, Going to Trial, or Settling Your Case
If you have been injured on the job, you should contact a local attorney to represent you. Any employee injured at work can file a Claim Petition with the Division of Workers' Compensation. If you have a lawyer, the lawyer should file the Claim Petition on your behalf. After the Claim Petition is filed, your case will either go to trial or settle. Like most cases today, the vast majority of workers' compensation cases settle before trial. There are two types of workers compensation settlements: Orders Approving Settlement and Section 20 Settlements.
Two Types of Settlements of Workers' Compensation Cases in New Jersey
Orders Approving Settlements occur when the respondent (the insurance carrier) admits that the petitioner (the injured worker) met with a compensated workplace accident and the parties agree on the nature and extent of the petitioner's permanent injuries.
Section 20 Settlements occur when the parties disagree on a key point, such as whether the petitioner's injuries are causally related to the workplace accident.
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