Sometimes a work injury or occupational illness is serious enough that you cannot work until you treat and recover from your injury or illness. If this occurs, New Jersey workers’ compensation law may entitle you to receive temporary disability benefits to help make up for the loss of income. A New Jersey temporary disability lawyer with Camili & Capo, PA can help you secure the financial compensation you need when a work-related injury or illness keeps you out of your job.
At our firm, we understand how stressful and confusing the recovery process from a workplace accident can be. We take the time to sit down with you to listen to your story and to go over your legal rights and options so that you know what to expect throughout the process of your case. Our legal team has the experience and skill necessary to fight for your interests at the negotiating table, in workers’ compensation hearings, or in court if necessary.
If you cannot work while you recover from a work injury or occupational disease, reach out to our firm for a free initial claim review to learn more about the temporary disability benefits you may be entitled to. A temporary disability attorney in Passaic County, NJ can assist you with securing the wage benefits you need.
If you need to take time from work while you recover from a work injury or occupational illness, you may be entitled to recover some of your lost wages or income through temporary disability benefits under workers’ compensation. You become eligible for temporary disability benefits once you have missed seven days from work after providing notice of your work injury or occupational illness to your employer. On the eighth day, you will begin receiving benefits dated back to your first day of disability.
Temporary disability benefits pay you 70 percent of your pre-disability average weekly wage. However, temporary disability benefits are subject to minimum floors and maximum ceilings, which are updated by the state each year. As of 2022, the maximum temporary disability weekly benefit was $1,065, and the minimum temporary disability weekly benefit was $284.
Temporary disability benefits will be paid until your treating physician clears you to return to work or determines that you have reached maximum medical improvement for your work injury or occupational illness, which is the point where no further treatment or rehabilitation is reasonably expected to improve your condition. However, temporary disability benefits may not be paid for more than 400 weeks following the onset of disability.
Finally, it should be noted that if you go on temporary disability benefits after a work injury or occupational illness, your employer is not required by law to keep your position open and available for your return, especially if your absence is detrimental to your employer’s operations.
If a work injury or occupational illness is going to keep you out of work while you get the treatment and rehabilitation you need, temporary disability benefits from workers’ compensation can help make sure you have income to help pay for your everyday expenses. Turn to a temporary disability attorney in Passaic County, NJ with Camili & Capo, PA who will fight to maximize your benefits and compensation by:
After suffering a work injury or occupational disease that prevents you from being able to work, you may be entitled to receive temporary disability benefits to help make up for your lost wages and income. Contact Camili & Capo, PA today for a free, no-obligation consultation to speak to a New Jersey temporary disability lawyer about your rights to workers’ comp benefits.
Some of the reasons why employers or workers’ comp insurers terminate a workers’ temporary disability benefits include the worker returning to part-time or full-time duty (including returning to work in a second job), the worker receiving the maximum 400 weeks of benefits, or the worker’s treating physician has certified that the worker can return to light or modified duty or has reached maximum medical improvement.
Potentially yes. If you suffered a work injury or occupational disease while working in one job, and your condition precludes you from working in a second job that you also hold, you can include your wages from that second job in your average weekly wage. However, the employer that you were injured or became ill working for will be responsible for paying your temporary disability benefits.
If you cannot work due to a work-related injury or illness, you should ideally notify your employer within 14 days to be eligible for temporary disability benefits from the date of onset of your disability. However, notice should be provided no later than 90 days after being injured on the job or diagnosed with an occupational illness. If you need to file a formal workers’ compensation claim for temporary disability benefits, you have two years from the date of a workplace accident to file your claim.
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