Need Help With Your Workers Compensation Case?

When Does Workers Comp Start Paying in NJ?

Getting injured on the job means you need money fast: you’ve got to pay your bills. So it’s natural to want to know how long it takes for workers comp to start paying.

Here’s what you need to know.

Temporary Disability Benefits 

In general, it will take 7 days between reporting your injury and receiving your temporary disability benefits, which replace 70% of your paycheck while you’re recovering from your injuries.

The reasoning for the waiting period is simple: some injuries are mild enough that you can return to work within that seven day period. You still have to report them and get them seen by a doctor, but in those minor cases you might not have to do more than take a few sick days. 

Medical Benefits

There is no waiting period for medical benefits. You can go to the doctor your employer selects for you right away, and you can expect that your total costs for your initial visits and any visits that the insurance company approves to be “zero.” The law requires the insurance company to cover all necessary and reasonable medical treatment.

If the doctor won’t provide medically necessary treatment you might be able to obtain an Independent Medical Examination (IME), and the insurance company must pay for it. You do have the right to a second opinion. Nevertheless, if you get into a dispute about which medical benefits workers comp will and will not pay for it is probably time to talk to an attorney. 

A workers compensation attorney can help to push the insurance companies into giving you the care that you actually do need and deserve. 

Permanent Disability Benefits 

Permanent disability benefits go through a process.

First, you must reach maximum medical improvement, or MMI. This is the point at which the doctor deems that you are unlikely to get any better. You’ve healed as much as it’s possible to heal.

Within 26 weeks of that determination, the insurance carrier must send a Subsequent Report of Injury form to the New Jersey Department of Labor. You may have to undergo additional examinations to determine the percentage loss of function that you’ve experienced. This will determine whether you qualify for permanent partial disability or permanent total disability benefits. 

Permanent partial benefits pay on the scheduled or non scheduled losses, but this designation says you can return to work in some capacity. You are paid money for a number of weeks based on the chart and the amount of money based on the chart. The chart notes both the body part and the percentage of function loss. Non-scheduled losses aren’t covered by the chart, but the percentage of function loss is multiplied by 600 weeks to determine how long the insurance must pay for your injury. Payment should begin immediately once this determination has been made. 

Total disability is awarded for 450 weeks but may be extended if you cannot return to any type of employment. Benefits should start as soon as the determination of a permanent total disability has been made. 

Need help with your workers compensation claim?

Workers compensation claims can be confusing. If you need help with your case, don’t hesitate. Reach out to Talone Law to schedule a free case evaluation. While you technically do not need an attorney to pursue a claim it usually does become necessary on any case where permanent disability may be at issue. 

See also: 

Receiving Medical Bills, but Entitled to NJ Workers Compensation?

Can I See My Own Doctor in a New Jersey Workers Comp Case? 

What to Do if You Are Sent for an IME in New Jersey

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The Law Office Of Albert J. Talone
The Law Office Of Albert J. Talone is committed to providing for those with Workers Compensation cases throughout New Jersey.
302 N Washington Ave #101
New Jersey
United States

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