About Workers’ Compensation Law

Workers’ Compensation benefits are governed by New Jersey State Law.   New Jersey Workers’ Compensation Courts are administered through the New Jersey Department of Labor.  Compensation Courts are separate from County Superior Courts, where most other legal matters are adjudicated.

An employee’s eligibility to receive Workers’ Compensation benefits is not dependent upon negligence on behalf of the employer.  An employee injured on the job, regardless of fault, is entitled to benefits through the Workers’ Compensation system.

Benefits of Workers’ Compensation

Free Medical Care.  

When an employee is injured in the workplace, the employer and the Workers’ Compensation insurance company have the right to control and direct medical care.  The employee is not responsible for any payment for medical treatment.  Motions for medical treatment are often filed with the Court when reasonable medical treatment is denied.

Temporary Disability. 

While and injured employee is unable to return to work and under active authorized treatment, the employee receives wage replacement paid the by Worker’ Compensation insurance carrier.  Temporary disability benefits are paid to the extent of 70% of the employee’s average gross weekly wage up to a maximum rate. 

Workers’ Compensation benefits should not be confused with State Disability Benefits.  State Disability Benefits are paid for injuries that occur outside of the workplace.  

Permanent Disability Benefits.  

Permanent Disability in Workers’ Compensation does not mean that an employee is permanently disabled from performing his/her job.  Permanent Disability is an ongoing limitation of functional ability caused by the injury.   Most compensation claims with resulting permanent disability awards are filed by employees who have returned to work at the same job, for the same employer, without reductions in pay.