How Much in Workers’ Comp am I Eligible For?

Construction worker falling on the job.

When you sustain an injury on the job, you are usually entitled to workers’ comp benefits from the state. Let’s take a look at how much you can get and the kinds of benefits you can receive.

Weekly Workers’ Comp Benefits

Workers’ comp benefits for disabled employees provide weekly compensation for injuries that result in temporary total disability, temporary partial, permanent total or permanent partial disability.

Temporary disabilities mean that the injuries are still expected to improve and that the employee is still recovering. Permanent disabilities, also known as the point of maximum medical improvement, mean that the injury is not expected to get any better, even if the employee cannot ever fully recover.

Total disabilities mean that the employee is completely disabled and is unable to work again. Partial disabilities mean that the employee still retains some ability to perform light or sedentary work duties.If you have a total disability, the amount you will receive in workers’ comp benefits is generally 60% of your average weekly wage prior to your injury.

If you have a partial disability, your prior average weekly wage and your current wages are both factored into the equation since you’re assumed to still be able to perform some degree of work. In the same scenario where your total disability benefits are 60% of your average weekly wages, you simply subtract your current earnings from your prior average weekly wage and multiply that total by 60% to know how much you will receive in partial disability benefits.

Payment for Medical Treatment

Employees who are injured on the job and receive workers’ comp benefits should receive payment for all of their necessary medical treatments. This also includes reimbursement for their transportation costs to and from the location of their treatment such as mileage, parking, and tolls.

This often leads to disputes between the insurer and the employee when the insurer does not believe the employee’s treatment is reasonable or necessary. This may be because the employee is receiving a type of medical treatment that isn’t traditional in the medical community or because the insurer believes the employee has been receiving treatment for too long. In cases like these, consulting a workers’ compensation lawyer to help you file a claim may increase your chances of receiving benefits.

Benefits for Permanent Impairment

The American Medical Association has specific guidelines for what qualifies as a permanent physical impairment, but generally, it’s when a part of your body experiences restricted motions or limited use. Certain states also include scarring as a form of permanent impairment.

The amount in benefits you will receive for yours is based on how serious your impairment is. Let’s say that a work injury to your hand results in a 20% impairment to that hand. If the compensation for complete loss of your hand would amount to $100,000, you would receive 20% of that amount, or $20,000.

Payment for Vocational Rehabilitation

Vocational rehabilitation involves training you to perform a different kind of work. If your work injury prevents you from returning to your previous line of work, workers’ comp benefits likely include vocational rehabilitation.

As you can see, workers’ compensation is a very involved and often complex process. If you are having difficulties understanding your compensation benefits, contact a workers’ compensation lawyer. The Law Offices of Peter Davis of Paterson, NJ has been serving New Jersey since 1988, and we’re here to help you get the compensation you deserve.