Three questions about workers’ compensation

Question 1 – Are cost of living increases provided for under workers’ compensation?

According to the New Jersey statute, only those disabled workers who are totally and permanently disabled, or the dependents of a worker who died or was injured before January 1, 1980, are eligible for cost of living increases. In some rare cases, dependents of deceased workers who died after 1979 may be eligible if the death can been attributed to permanent and total disability prior to 1980. So if you are injured and you are receiving temporary disability, you will not receive a cost of living increase.

Question 2 – How long does it take before you receive your benefits?

It normally takes about two weeks before you start receiving your benefits. If for some reason, your employer or the insurance company delays the claim in a unreasonable and negligent manner, you could received an additional 25 percent of the amount due, along with any legal fees that have incurred because of the delay. Unreasonable delay usually is a if a claim hasn’t been processed in 30 days or more.

Question 3 – Can I collect Temporary Disability Insurance benefits after being injured on the job?

According to New Jersey’s Temporary Disability Benefits Law, work-related injuries are not compensable. However, there are exceptions to every rule. If your workers’ compensation claim is contested by your insurance carrier, then temporary disability benefits could be paid, pending on a resolution of your claim. For more information, you can contact the Division of Temporary Disability Insurance.

Do you have questions about workers’ compensation? Need to file a claim? Contact us today and we’ll help you out!

Share this Post