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How Is New Jersey Worker's Comp Law Different From Other States?

New Jersey Workers Comp Laws

Our experimented team of New Jersey workers comp lawyers boasts decades of experience fighting on behalf of workers in the entire Garden State.

As a result, they're intimately familiar with the aspects of NJ law that separates it from other states in the country. Intending for it to serve as a public resource, they have presented some of their insights on this page.

We must emphasize that all claims are absolutely unique - if you've suffered any kind of injury while on-the-job, we suggest getting in touch with our team. You can do so by phone or via the form on this page. Our legal consultations are always free and at no obligation to those who contact us.

New Jersey Workmans' Comp Laws

New Jersey possesses some powerful laws that protect employees in situations where they become victims of job injuries. The protection of employees is provided by insurance coverage that the employer is required to purchase for their employees. The proof of this insurance coverage is usually required to be posted in a visible location in the workplace, along with a list of benefits.

If you've learned that your employer has not purchased workers' comp coverage for yourself and/or other employees, contact our team of attorneys immediately.

State-level regulations entail that most employees can receive financial compensation that helps cover damages including medical expenses and lost wages. More specifically, up to 70% of lost income due to a disability may be reimbursed, a rate that is higher than many other states.

Interestingly enough, the State of New Jersey offers benefits that can be approved for persons who suffer trauma outside of the workplace; this is known as Temporary Disability Insurance and is separate from workers' compensation.

In NJ, any benefit owed to victims of workplace-related injuries is paid out by insurance companies. This contrasts against other states that establish funds that often cap the maximum compensation that a victim may receive. Depending on the extent of the injuries, long-term disability, and nature of the employment, a claim may provide minimal or substantial financial compensation.

Injuries or Diseases

The New Jersey Division of Workers’ Compensation (DWC), the state agency that handles all claims, also accepts a work-related disease as a reason for applying and receiving benefits.

These diseases are more specifically referred to as occupational illnesses and include examples such as damages from exposure to asbestos (like in construction) or even hearing loss. With an illness, the time limit to file a claim is two years from the time of its diagnosis; this provides a bit more leeway when compared to more evident injuries and is designed to account for the instances in which the illnesses may begin to manifest themselves years after the exposure occurred.

A No-Fault State

New Jersey is considered a "no-fault state," which means that irrespective of how your injury occurred, you can still apply and be approved to receive benefits.

This includes situations in which the accident or injuries were a result of the nature of the employment. It also covers situations in which the employee's own actions resulted in the accident, or when the employer's actions directly caused the trauma. An important exception is when an employer intentionally injures an employee, though intent can be quite difficult to prove in legal proceedings.

Additional Resources

If you'd like additional information, make sure to visit our latest page: State Of New Jersey Disability Benefits: TDI & SSDI

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Gabriel A. DiLeonardo, Sr., Esq.
Date Published: January 31, 2020
Gabriel DiLeonardo, Esq. is a New Jersey licensed attorney-at-law. He helps people who suffer injuries get justice through personal injury lawsuits.
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This website is by DiLeonardo Law LLC d/b/a NJ Injury Guys. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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