Workers’ compensation - New Jersey

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Compulsory self-insurance by private carrier or individual employer.

Exemptions from WC: None.

Medical benefits provided: Full.

Physician selection: Employer selects physician.

Benefits for temporary total disability (TTD): 70 percent of worker’s wage for up to 400 weeks.

Benefits for permanent total disability (PTD): 70 percent of worker’s wage for up to 450 weeks. If after 450 weeks worker produces evidence of continued total disability, benefits will continue for life. After 450 weeks there is a dollar for dollar set off if worker is working.

Benefits for permanent partial disability (PPD): 70 percent of worker’s wage for up to 600 weeks. Benefits set in accordance with wage and compensation schedule.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: None

Death benefits for surviving spouse and children: 70 percent of employee’s wage for spouse alone and 70 percent of employee’s wage for spouse and children for duration of widow/widowerhood; children until 18. Surviving spouse who remarries is paid 100 times the amount of weekly compensation or the remaining amount which would have been due had the spouse not remarried, whichever is less. Children receive benefits beyond age 18 if disabled or if a student (up to age 23). Supplemental benefits for death are subject to Social Security, black lung, or disability pension benefit offsets.

Maximum burial allowance: $3,500.

Waiting period: 7 days. Compensation is retroactive if disability continues for 7 days from date of injury.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employer may be required by courts to pay VR costs otherwise it is paid by Vocational Rehabilitation under the Department of Labor and Industries. Employees must accept physical and vocational rehabilitation or their compensation may be suspended. During VR employees receive TTD benefits.

Attorney fees: 20 percent, statute, determined by agency.

Occupational hearing loss statutes: Employee has 1 to 2 years from date of discovery to file for compensation. Compensation for one ear is $10,680; for two ears it is $62,200. There is a deduction for preexisting loss.

Forms - http://lwd.dol.state.nj.us/labor/wc/forms/forms_index.html

What’s new - http://lwd.dol.state.nj.us/labor/wc/legal/newlaws.html

State

Contact

Division of Workers’ Compensation

Regulations

Labor and Workmen’s Compensation Statute; NJ Title 34
New Jersey Statutes Table of Contents
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Rules of the Division of Workers' Compensation, N.J. A.C. Title 12, Chapter 235

Federal

Contacts

None.

Regulations

None.