Does My Employer Have to Include Overtime in My NJ Workers Compensation Settlement?
Many jobs in New Jersey require copious amounts of overtime. If you are a non-exempt employee who works more than 40 hours a week, you are generally entitled to time-and-a-half pay.
Exempt employees are salaried employees. In general, you must make at least $455 a week before you can be considered an exempt employee. Some employers try hard to misclassify employees as exempt when they should not be, and this is an issue your New Jersey workers compensation lawyer can handle for you if this is true in your case.
If you routinely work overtime, you will be happy to know that New Jersey workers compensation law does require your overtime pay to be taken into account when determining your average weekly wage for the purpose of paying temporary disability benefits.
The workers compensation insurance company must take your average weekly wage, including overtime, paid during a six month period. You then receive 70% of that wage, up to the $921 weekly maximum currently set by the New Jersey Department of Labor.
Permanent partial disabilities work a little differently. If you have a scheduled disability involving the loss of a body part or system identified on the New Jersey disability schedule, then you will receive 24 weeks of permanent partial disability benefits at the rate offered by the chart, dependent on how much loss of function you have suffered. These benefits are paid weekly after your temporary disability benefits end.
Permanent total disability benefits kick in after it is determined that you are unable to return to any gainful employment. You receive an initial benefit period of 450 weeks which may be extended if you can demonstrate you are still unable to work. Keep in mind that the workers compensation insurance company will try to claim that the lowest minimum wage job you can find still counts as “any” work, so they’re not your friends in this regard.
Permanent disability is also presumed if you lose two major members such as eyes, legs, feet, arms, or hands.
Nevertheless, they pay you on a weekly basis at a rate of 70% of your average weekly wage.
If you have any questions about whether your workers compensation insurance company or your employer are dealing fairly with you, don’t hesitate to reach out to our law practice. Our team is ready and willing to help you obtain every dollar that you’re entitled to under New Jersey law.
See also:
Can a New Jersey Employer Force You to Return to Work Before You’ve Healed?
When Does Workers Comp Start Paying in NJ?
How Much Does a New Jersey Workers Compensation Lawyer Cost?
