In addition to paying the cost of an injured worker’s medical treatments, workers’ compensation provides different types of weekly benefits that are intended to replace lost wages. Temporary disability benefits are provided retroactively (back to the date of the injury) until the day the individual returns to work, reaches maximum medical improvement (MMI), or has exhausted the statutory 400-week maximum.

When a worker reaches MMI, they are evaluated by one or more physicians and specialists, who determine how much permanent injury the worker will carry. If the injury is one that is in the common workers’ compensation tables, like the loss of a finger or industrial use loss of an arm, a specific number of weeks of compensation will be awarded. If the injury is not in the tables, then the attorneys for all parties negotiate an amount. The percentage of the salary that gets paid, like the number of weeks of payment, varies based on the severity and permanence of the damages.

When a job-related injury or illness results in a permanent bodily impairment, benefits are based on the individual’s functional loss. These benefits are paid weekly beginning when temporary disability benefits end and, unless otherwise agreed, can continue for the rest of the injured person’s life.

The minimum and maximum allowable workers’ compensation rates change each year. The maximum weekly rate for temporary disability is 70% of New Jersey workers’ average weekly wage; in 2022, the minimum payment is $284/week and the maximum is $1,065/week. Weekly payments for permanent disability can range from $35 to $1,065, depending on the severity of the injury.

Your employer’s workers’ compensation insurance carrier may offer you a lump sum payment to settle your workers’ compensation claim. If you accept this offer, you lose your rights to receive ongoing weekly payments. In most cases, the weekly benefits will amount to more than the lump sum payment. However, an injured worker may prefer having the claim completely settled and having immediate access to a larger sum of money. You should discuss the pros and cons of a lump sum settlement with a New Jersey workers’ comp attorney before agreeing or signing any documents from an insurer.

New Jersey law prohibits terminating or otherwise retaliating against a worker for using the workers’ compensation system. An employer may not discharge or in any other manner discriminate against an employee as to their employment because the employee has claimed or attempted to claim workers’ compensation benefits or because they have testified, or are about to testify, in any workers’ comp-related action.

An employee who has claimed workers’ compensation benefits is not immune from being terminated for other reasons (or no reason at all) because New Jersey is an at-will employment state. However, many employees who are fired, demoted, terminated, suspended, or otherwise retaliated against after filing a workers’ comp claim suspect that their use of the system is the real reason for their employer’s action.

If you believe you have been terminated or discriminated against in the workplace because of your use of the workers’ compensation system, consult with an attorney. An employee who is discharged or otherwise retaliated against for making a workers’ comp claim is entitled to be restored to their proper position and receive compensation for any loss of wages arising from the discrimination. An employer (or its agent) who engages in workers’ compensation discrimination or retaliation may also face fines, imprisonment, or both as well as liability in a civil lawsuit for compensatory and punitive damages.