Know Your Workers’ Compensation Rights
DeNafo & Walcoff handle workers’ compensation claims for injuries which occur in the course of your employment. Under New Jersey workers’ compensation law, an injured worker is entitled to four specific benefits:
1. Medical Treatment.
The workers’ compensation insurance company is required to provide all the medical treatment designed to cure or relieve the work related injury. The workers’ compensation insurance company has the right to choose the doctors who provide treatment. However, as is often the case, the workers’ compensation insurance company attempts to provide only the minimum treatment in an effort to reduce costs. We protect your legal right to medical treatment in the event you are cut off from additional care.
2. Temporary Disability.
In the event your work related injuries prevent you from continuing to work while you are receiving medical care, the workers’ compensation insurance company is required to pay 70% of your gross weekly wage (up to a statutory cap) for every week the authorized physician keeps you out of work. Sometimes, the doctor returns you to work but places restrictions on what you may do at work. This is called “modified duty” and if the employer cannot accommodate the restrictions, the workers’ compensation insurance company must pay you temporary disability until you can return to work full duty.
3. Permanent Partial Disability.
Following workers’ compensation treatment and return to work, often times employees are left with a permanent injury. Most injuries in some way affect how an individual functions at work, home or in recreation. Our law provides that the worker is entitled to an award of money based on the extent of their injury. We strive to maximize this recovery based on our expertise of New Jersey Workers’ Compensation Law and the medical issues which accompany the claim.
4. Reopener Rights.
In most cases, following a workers’ compensation award, injured employees are entitled to reopen their workers’ compensation claim for up to two years after they receive the last payment from the workers’ compensation insurance company. This right makes the injury the responsibility of the workers’ compensation insurance company for as long as possible. At DeNafo & Walcoff, we fight to insure this right exists and the injury is properly covered by workers’ compensation law for as long as possible.