Available Workers’ Compensation Benefits: Part II
The Law Office of Maryjean Ellis, LLC dedicates part of its practice to the area of workers’ compensation law. As such, they have the experience and understanding necessary to assist you with your claim. In part one of this two-part series your Sparta Workers’ Compensation lawyer discussed medical and death benefits for employees who are injured on the job or suffer an illness resulting from their work. Part 2 deals with disability benefits for those who are unable to return to work for a period of time.
Should your work injury prevent you from being able to return to work for more than seven days, the New Jersey workers’ compensation plan may afford you temporary disability payments. Your payment amount is calculated from your average weekly pay as of the date of your injury, and equals 70% of the total. A Sparta workers’ compensation attorney can provide you with the latest figures for the state’s statutory maximum and minimum benefits.
Your payments are retroactive, beginning with the first day you are not able to work. There is a maximum of 400 weeks of benefits under this temporary program. Your benefits end either when you reach this limit or return to work.
Permanent Partial Disability
Unfortunately some work injuries and illnesses can cause a person to suffer a permanent partial disability. Benefits for those in this category are calculated based upon whether the loss is considered by the state program as either scheduled or nonscheduled:
- Scheduled Functional Loss: Loss of limbs or parts of limbs (such as hands or feet), ears, eyes, or teeth.
- Nonscheduled Functional Loss: Permanent injury to internal organs such as the heart, lungs, or intestines, or back or head.
Permanent Total Disability
A permanent injury is one which prevents an employee from returning to any type of gainful employment. As with other types of disability benefits, you will receive payments amounting to 70% of your average weekly pay. The benefit is calculated from your wage at the time of your injury or illness, and us subject to maximum and minimum payments as mentioned earlier.
You will begin with payments for 450 weeks. After this time you will need to prove that you are still totally disabled. Permanent disability is based on the following criteria:
- Loss of two major members of the body, such as a hand and foot
- Other injury that renders you unable to work any job
If you have difficulty proving that you are totally permanently disabled, your Sparta Workers’ Compensation lawyer will be in your corner to assist.
A Sparta Workers’ Compensation Attorney Can Help You
If you have not already done so, read Part 1 of this two-part series. A Sparta Workers’ Compensation lawyer at the Law Office of Maryjean Ellis, LLC have the experience, compassion, and dedication to make sure you receive all the benefits for which you are eligible. Call to arrange a consultation at 888-518-9017(toll-free) or 973-940-8635 (local).