1. I have been hurt on the job. What do I do?
You should notify your employer as soon as possible. The notice may be given to the foreman, supervisor, personnel office, or anyone in authority at the employer’s place of business. Notice does not have to be in writing.
If you are in need of medical treatment, a request should be made to the employer as soon as possible. Please note that under the NJ workers’ compensation law, the employer and/or their insurance carrier can select the health care provider(s) to treat injured workers for work related injuries.
2. The workers’ compensation doctor has released me for light duty work, but my employer advises that there is no such work available. What can I do?
In this situation, if you haven’t returned to work and continue to receive authorized medical care for your injuries, you should continue to receive temporary disability benefits for the period of time up to and including the date the authorized health care provider indicates as the date of maximum medical improvement.
3. I have two jobs, one full time and the other part time job. I was injured on the part time job, and because of the injury I am also unable to work at the full time job. Can I collect workers’ compensation benefits from my full time job?
No. Since you were injured on your part time job, any workers compensation benefits will be based on that employment.
4. Are workers’ compensation benefits taxable?
Workers’ compensation benefits are not taxable as per the NJ Gross Income Tax law NJSA 54A:6-6. For further information,
5. What if I recover money from a third party as a result of my injury?
The New Jersey Workers’ Compensation Law entitles the employer and/or their insurance carrier to receive a credit for amounts recovered from a third party causing a compensable work related injury (N.J.S.A. 34:15-40). This provision is intended to prevent the recovery of duplicate benefits for the same injury and disability.
When the gross third party settlement amount is equal to or greater than the total award of compensation benefits, the amount of the credit is generally two-thirds of the amount payable by or on behalf of the employer less $200.00.
When the gross third party settlement amount is less than the total award of compensation benefits, the credit is generally two-thirds of the gross third party settlement amount less $200.00.
Where benefits have not been paid, the amount owed to you by or on behalf of the employer will be reduced by the credit amounts.
6. Does the Workers’ Compensation Law give special compensation to minors?
A minor who suffers a disability because of a work-related injury or illness is entitled to all of the same benefits as any other employee. However, if the minor was employed in violation of child labor laws, benefits for temporary disability, permanent disability or death are double the amount normally awarded.
7. The workers’ compensation doctor has released me for light duty work, but my employer advises that there is no such work available. What can I do?
In this situation, if you haven’t returned to work and continue to receive authorized medical care for your injuries, you should continue to receive temporary disability benefits for the period of time up to and including the date the authorized health care provider indicates as the date of maximum medical improvement.
For more information contact us or call for a free initial telephone consultation
Blair C. Lane, Sr
Attorney at Law
Earp Cohn, P.C.
20 Brace Rd, 4th Floor
Cherry Hill, NJ 08034
856-354-7700
