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You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division. How Is the Value of My Claim Effected by The…Read More

There are several areas of the law which may touch the lives of injured workers, but are not covered by the New Jersey Workers’ Compensation Act. The Division of Workers’ Compensation does not have any jurisdiction to decide issues which arise under these areas of the law, although decisions you make surrounding these issues may affect your workers’ compensation benefits.…Read More

The New Jersey Workers’ Compensation Act does not require your employer or the insurance carrier to provide you with retraining. If you are not ready or financially able to retire, you should make plans to start a new career. The New Jersey Division of Vocational Rehabilitation Services (“DVRS”) does provide some limited assistance. DVRS provides counseling, training, assistance with job…Read More

Generally, if you return to school on a full-time basis then you are not entitled to receive continued temporary disability benefits, on the basis that you removed yourself from the workforce for the purpose of furthering your education. However, if you are able to prove that you worked while attending college classes prior to the injury, an argument may be…Read More

Temporary disability benefits will be terminated once you have reached “maximum medical improvement” from treatment, even if you cannot return to work full duty or even to the same line of work. The New Jersey Law Against Discrimination and the federal American with Disabilities Act require employers to offer “reasonable accommodations” for your disability. A reasonable accommodation may include helping…Read More

Temporary disability benefits are, by their very nature, “temporary.” The maximum period of time that you may collect temporary disability benefits is 450 weeks (approximately 8.5 years). However, you must be under active medical treatment during this period to qualify for continued lost wage benefits. To be considered “active,” the medical treatment must help you progress towards an increase in…Read More

Even during a good economy, some people find it necessary to work at a second job to make ends meet, or choose to do so to get ahead. But what happens if you get hurt at one job, and can’t work at the other because of your injury? Workers’ compensation will only pay wage replacement benefits for the job in…Read More

Yes, there is an alternate source for you to obtain some financial relief if your workers’ compensation temporary disability benefits are terminated and you are medically unable to return to work. Your employer may have purchased a disability plan through a private insurance company, or you may be qualified to receive benefits through the State of New Jersey. You should…Read More

If you are released to return to work full duty then you should at least attempt to return to work, even if you do not feel able to do so. If you try to work and cannot perform your job duties, advise your employer if you experience additional pain while working. If you are “written up,” for failing to perform…Read More

It is common for the workers’ compensation carrier to pressure employers into providing a light-duty return to work program, even when employers practically do not have such work to offer. If your employer is only able to find a few hours of light-duty work for you to perform then you are entitled to receive continued temporary disability benefits which are…Read More