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How Long Can You Be On Workers’ Comp In NJ?

Q: How Long Can You Be On Workers’ Comp In NJ?
A: Each case is different, but it generally depends on which type of disability you are on:

  • Temporary total disability: 400 weeks (max)
  • Permanent total disability: potentially for life
  • Permanent partial disability: 600 weeks (max), depending on the injury

Many people believe that our most valuable asset is our ability to work and to earn an income. This is a key component in protecting our own wellbeing, our belongings, our family, children and our futures.

While most of us might not think about the possibility of being injured at work, many workers suffer injuries or illnesses that are related to their jobs every year.

If you have suffered a work injury or illness that keeps you from returning to your job, workers’ compensation and the advice of an NJ workers comp lawyer may offer you a financial safety net.

In addition to paying for your related medical expenses, workers’ compensation can also provide you with disability benefits to replace a percentage of your income while you are unable to return to your job.

If you are receiving these benefits, you might wonder how long can you be on workers comp in NJ. The answer to this question depends on the type of disability benefits that you are receiving. There are three types of disability benefits that are available in New Jersey, depending on the severity of your illness or injury.

Temporary Total Disability In New Jersey

Q: What is temporary total disability in NJ?

A: If you are injured and are forced to miss more than seven days of work, you may receive temporary total disability payments. This is the most common form of workers’ compensation disability benefits.

If you receive this benefit, you are considered to be disabled but likely to be able to return to work in the future once you recover.

Q: How long can I remain on temporary disability in NJ?

A: In New Jersey, you can continue to receive temporary total disability benefits until one of the following happens:

  • You are determined to have reached your maximum medical improvement;
  • You are able to return to your job; or
  • You have received benefits for 400 weeks.

Q: How much will I make on temporary total disability on workers comp in NJ?

A: If you are approved for temporary total disability, you will receive up to 70 percent of the gross weekly amount that you normally earn. The maximum weekly amount is capped at $903 per week as of 2018.

NJ Permanent Total Disability

Q: How to receive permanent total disability in NJ?

A: You will be examined regularly by your doctor while you are receiving workers’ compensation. Your doctor will be trying to figure out when you have reached the maximum medical improvement for your injury. If your doctor decides that you are permanently and totally disabled, you can continue receiving your benefits.

The benefits that you receive will be in the same amount as when you received temporary total disability. If this happens, you may receive the benefits for your life or until you are able to return to work.

Permanent Partial Disability In New Jersey

Q: How to get permanent partial disability in NJ?

A: If your doctor determines that you have reached your maximum medical improvement, but determines that you are partially and permanently disabled, you may receive permanent partial disability benefits.

In New Jersey, certain injuries are considered to be scheduled losses while others are considered to be nonscheduled losses.

Scheduled losses are listed on the state’s schedule of disabilities. This schedule lists the maximum number of weeks for which you can continue to receive benefits.

If your injury appears on the scheduled loss chart, you will continue receiving 70 percent of your weekly wages for the number of weeks that are listed on the schedule.

For example, if you lost 50 percent of the loss of a foot, you would receive 50 percent of the scheduled amount for a total loss. A total loss of a foot is equal to 230 weeks, so a 50 percent loss means that you would be paid for up to 115 weeks.

Some losses are considered to be non-scheduled. This means that they do not appear on the state’s schedule of disabilities, but it does not mean that you cannot receive permanent partial disability benefits for them.

Non-scheduled losses are paid for up to 600 weeks at a maximum rate of 70 percent of your weekly wages. This means that if your doctor assigns you a disability rating for a non-scheduled loss of 20 percent, you can expect to receive payments for 120 weeks.

How Long Can You Be On Workers Comp In NJ?

In summary, you can stay on workers’ comp in New Jersey as follows:

  • Temporary total disability – maximum of 400 weeks
  • Permanent total disability – potentially for life
  • Permanent partial disability – maximum of 600 weeks, depending on injury (see chart)

As you can see, it is possible for you to be on workers’ comp in New Jersey for as long as your life, but the time can be shorter depending on your disability rating. Getting legal advice might help you to better understand what you might expect. Consult with a workers’ compensation attorney to learn more.

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