Workers' Compensation Benefits

Marc B. Samuelson is certified by the Supreme Court of New Jersey as a Workers' Compensation Attorney.

Necessary and reasonable medical treatment, prescriptions, and hospital services related to your work injury are paid by the employer’s insurance carrier or directly by the employer if self-insured. The employer and/or its insurance carrier have the right to designate medical providers for all work-related injuries.

If you are injured or disabled for a period of more than seven days, he or she will be eligible to receive temporary total benefits, retroactive to the first day of lost time as determined by an authorized treating physician. These benefits will be paid at a rate of 70% of your average weekly wage, not to exceed the statutory maximum rate or fall below the statutory minimum rate established annually by the Commissioner of Labor and Workforce Development. These benefits are provided until the worker has returned to work, has reached maximum medical improvement, or has reached the statutory 400-week maximum.

When a job-related injury or illness results in permanent bodily impairment, benefits are based on your functional loss. These benefits are paid weekly and are paid retroactively after the date temporary disability ends. Depending on the circumstances, some awards will be paid increments after the retroactive amount is disbursed, and allows for future medical benefits during a defined period of time. Other settlements will be paid in a lump sum but not award future medical benefits.

When a work injury or illness prevents you from returning to any type of gainful employment, you may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for a period of 450 weeks. Benefits continue beyond the initial 450 weeks provided that the injured worker can show that they remain totally disabled. The benefits are paid weekly and are based upon 70% of the average weekly wage, not exceeding the statutory maximum or falling below the statutory minimum.

Dependents of a worker who dies because of a work-related injury or illness may be eligible to receive death benefits, if it can be proven that the work or illness was directly related to employment. The weekly benefits are 70% of the wage of the deceased worker, not to exceed the statutory maximum. New Jersey Workers’ Compensation laws allow for a $5,000 reimbursement for funeral expenses.

At Samuelson Law, we understand the busy lives of our clients. Appointments are available outside typical business hours.