Workers’ compensation systems are designed to provide injured workers with benefits for on-the-job injuries in exchange for the employee forfeiting his or her right to file a lawsuit against an employer. The following reviews the type of benefits that an injured worker may be able to recover in a workers’ compensation claim after you have visited either your own or a company-approved doctor.
All injured workers who qualify for workers’ compensation insurance are eligible to recover benefits for medical expenses that are reasonable and that are associated with a workplace injury.
- Doctors’ visits
- Surgeries related to the injury
- Necessary physical or rehabilitative therapy
Temporary Disability Benefits
Temporary total disability benefits are a type of lost wage benefit paid to injured workers. As the name suggests, these benefits are temporary and are not retrievable unless your injury is severe enough to prevent you from returning to work for seven or more days. The rate at which you will be paid is equal to 70 percent of your wage at the time your injury occurred.
Permanent Disability Benefits
In the event that your injury causes permanent disability, then you will be able to recover permanent disability benefits. There are two types of permanent disability benefits: permanent total and permanent partial. The latter is paid if you can return to work, but not at the same capacity (wage) that you worked prior to your injury. The former is paid if you are unable to return to work at all. Permanent total disability benefits are paid for at least 450 weeks.
If you incur certain types of injuries, then you may be eligible to recover additional benefits. These injuries include either a loss of a limb or the loss of an eye during a workplace accident. The number of weeks that compensation can be recovered depends upon the body part lost. For example, compensation can be retrieved for 75 weeks for the loss of a thumb, but only for 15 weeks for the loss of a toe (other than a great toe).
The beneficiaries of a person who is killed in a work-related accident can recover death benefits. These benefits can pay up to 70 percent of a deceased’s workers lost wages. For the year 2015, the maximum weekly amount that a beneficiary can receive is $855.
Do I need a workers’ compensation attorney?
While you do not have to prove fault in a workers’ compensation claim, you will have to determine the extent of injuries that you’ve suffered to recover compensation for damages.
If your workers’ compensation claim is denied, or if you are not offered the benefits amount that you believe you are entitled to, a workers’ compensation attorney can advocate on your behalf. At Cordisco & Saile LLC, our New Jersey workers’ compensation lawyer is ready to meet with you today. Call 215-642-2335 to learn more now.