I tend to write about topics that I am currently dealing with in my own practice and therefore my topic this month concerns Worker’s Compensation. I currently represent Workers who have an accident at their employment or are exposed to chemicals, toxins or industrial irritants (possibly loud noises) that cause long-term issues such as pulmonary issues, breathing issues or hearing loss or even the functional loss of a portion of their body whether it be a limb or the torso entirely. Once evaluated by a doctor for the worker (as well as a doctor for the Insurance Company representing the Employer) the courts use a chart which determines the amounts received by an injured worker for “Permanency Benefits”. These Permanency Benefits can can run anywhere from nominal amounts for smaller injuries to Permanent Disability benefits which can last the lifetime of an injured worker. In cases of a 100% disabled worker these benefits can also extend to the dependents of the injured worker and may even extend beyond the life of that injured worker.
It is important to understand that workers are entitled to other benefits than the Permanency Benefits indicated above. They are also entitled to Medical benefits for the treatment of their ailments and for Temporary Disability for the time they are out of work. The medical benefits are rather self-explanatory but the only real issue is that the Insurance Company representing the employer is permitted to direct the medical treatment of the Employee (The “Petitioner” in Worker’s Compensation parlance). That is, if the insurance company wants to use Dr. X then they can send the Petitioner to Dr. X and the Petitioner must use that doctor or seek one of her own and pay for it herself. Temporary Disability will pay for 70% of Employees pay while the employee is out of work and “under active medical treatment” for that authorized work related injury. This 70% payment is also tied to a maximum amount of wages in New Jersey- for the year 2014 that maximum weekly amount is $843.00. Not coincidentally, that is also the maximum rate for “Permanent Disability” for an injured worker on a weekly basis.
While the Workers Compensation system is often misunderstood, it is in existence for the protection of both the Employees and the Employers and should be utilized as such. It provides for the security of the Employer by protecting him against catastrophic injury through either fault ( or no fault) of his own. It is there for the protection of the employee by permitting benefits for which he may not otherwise be covered. The Courts provide a watch dog component to the system whereby benefits may be pursued in contested matters and Attorney fees may be obtained by successful Petitioners. The bottom line is that Employers should also not be fearful of the Worker’s Compensation system, Courts or Insurance Companies as they exist for the benefit of everyone. For more information regarding your worker’s compensation program and coverage please do not hesitate to call me at 973-228-9900. Mitchell Portnoi, Esq.
