If you’ve been injured on the job in New Jersey, one of the first things you might wonder is how long you have to wait before you can receive workers' compensation benefits. New Jersey workers' compensation laws provide financial support to employees who are hurt while working, but understanding how and when those benefits begin can be confusing. In this article, JFM Law walks you through the waiting period and other essential details you need to know about receiving workers' compensation after a work-related injury.
Workers' Compensation Lawyer
If you’ve been injured at work in New Jersey, you don’t have to go through the workers' compensation process on your own. Employers and insurance companies sometimes delay or deny benefits that injured workers are owed. JFM Law is here to help you get what you deserve so you can focus on healing and moving forward. Contact us today at (732) 333-6621 or reach out online for a free consultation. Our offices in Freehold, Toms River, and New Brunswick serve injured workers across New Jersey.
What Is the Waiting Period for Workers' Compensation in New Jersey?
In New Jersey, there is a seven-day waiting period before you can start receiving temporary disability benefits under workers' compensation. This means that, according to NJ Statutes § 34:15-14, no compensation other than medical care is payable until you have been disabled for seven days. These seven days don’t have to be consecutive, but they do need to add up to seven total days of disability before you’re eligible for temporary wage benefits.
For example, if you’re hurt at work and miss five days right after the accident, then return to work for a day or two, and then miss two more days, those days can be combined to meet the seven-day waiting period.
During this waiting period, you’re still entitled to medical care related to your injury. So, even if you're not getting paid right away for your lost wages, your medical treatment for the work-related injury will be covered from the first day.
Compensation After the Waiting Period
Once the total period of your disability extends beyond seven days, additional benefits become payable, and they will be retroactive. This means you will be compensated for the days you missed, including the first seven days. According to NJ Statutes § 34:15-14, after you’ve been disabled for more than seven days, you will be paid for the waiting period as well. If your disability lasts only seven days or less, you will not receive wage loss compensation for those days.
It’s important to note that this seven-day waiting period applies only to temporary disability benefits. There is no waiting period for medical benefits. From the day you are unable to work because of your injury, your employer’s workers' compensation insurance must cover the cost of necessary medical care, including doctor’s visits, hospital stays, surgeries, medications, and even rehabilitation services.
How Temporary Disability Benefits Are Calculated
Once you’ve passed the seven-day waiting period, your temporary disability benefits are calculated based on a percentage of your average weekly wage. The law ensures that you receive 70% of your average weekly wage, but this amount is subject to a maximum and minimum limit set by the state. For 2024, the maximum weekly benefit is capped at $1,055, and the minimum is $283.
The length of time you can receive temporary disability benefits is determined by how long your doctor believes you’re unable to work. As stated in NJ Statutes § 34:15-38, to calculate the number of weeks you are entitled to receive temporary disability benefits, the total number of calendar days you are unable to work is divided by seven, excluding any days you worked during that period.
Permanent Disability and When It Kicks In
Temporary disability benefits continue until you’ve recovered enough to return to work or your doctor determines that your condition has reached what’s called "maximum medical improvement" (MMI). If you have a lasting impairment after reaching MMI, you may be eligible for permanent disability benefits, either partial or total.
According to NJ Statutes § 34:15-16, permanent disability compensation cannot be awarded until at least 26 weeks have passed from the date of your final active medical treatment or your return to work—whichever happens first. This six-month waiting period is designed to ensure that your long-term condition is stable enough to assess your permanent disability accurately.
However, in cases of amputations or enucleations (loss of an eye), the 26-week waiting period does not apply, and permanent disability compensation can be awarded sooner. If your injury is so severe that you are considered totally disabled, you may qualify for permanent total disability benefits, which will continue for an extended period, potentially for life.
Medical Benefits Are Immediate
One key thing to remember is that medical treatment for a work-related injury starts right away, without any waiting period. Under New Jersey workers' compensation laws, your employer’s insurance must cover all necessary and reasonable medical treatment related to your injury from the moment you're hurt. This includes doctor visits, hospital stays, surgery, rehabilitation, medications, and any medical devices you may need.
What Happens if Your Employer Delays Your Benefits?
If your employer or their insurance carrier unreasonably delays paying your temporary disability benefits, they may be penalized under the law. According to New Jersey statutes, if an employer negligently or unreasonably delays or denies your claim for more than 30 days, they could be liable for an additional 25% of the benefits owed to you, as well as reasonable legal fees incurred during the process.
How Can a Workers' Compensation Lawyer Help?
Navigating the workers' compensation process can be difficult, especially when you’re already dealing with the stress of an injury and lost wages. A workers' compensation lawyer can help you understand your rights under New Jersey law and guide you through the claims process.
First, a lawyer can assist you in filing your claim correctly and ensuring that you meet all deadlines. Missing paperwork or failing to meet deadlines can delay your benefits, but an experienced lawyer will ensure that your claim is handled promptly.
Second, if your claim is denied or delayed, a lawyer can help you challenge the decision. They can gather the necessary medical evidence, represent you at hearings, and negotiate with the insurance company on your behalf to ensure you receive the benefits you deserve.
Lastly, if your injury leads to permanent disability, a lawyer can help you pursue the appropriate level of compensation. They’ll ensure that your permanent disability is calculated correctly and help you understand whether you are entitled to additional benefits based on the extent of your injury.
Frequently Asked Questions
How long do I have to wait to get workers' compensation benefits in New Jersey?
There is a seven-day waiting period for temporary disability benefits, but medical benefits are immediate.
Can I get paid for the first seven days if I'm disabled longer than that?
Yes, benefits are retroactive after seven days of disability, including payment for the first seven days.
What percentage of my wages will workers' compensation cover in New Jersey?
You’ll receive 70% of your average weekly wage, up to state-set maximum and minimum limits.
How long can I receive temporary disability benefits in New Jersey?
You can receive benefits as long as your doctor confirms you cannot work due to your injury.
When do permanent disability benefits start in New Jersey?
Permanent disability benefits begin after you’ve reached maximum medical improvement or 26 weeks after returning to work.
Do I get medical benefits immediately after a workplace injury in New Jersey?
Yes, your employer’s insurance must cover all reasonable and necessary medical care from the moment of your injury.
What happens if my employer delays my workers' compensation benefits?
If delayed for more than 30 days, your employer could owe 25% extra plus legal fees.
How is the amount of my temporary disability benefits calculated?
Temporary benefits are 70% of your average weekly wage, capped by state limits.
What is maximum medical improvement (MMI)?
MMI is when your doctor determines your condition has stabilized and won't improve further.
What should I do if my workers' compensation claim is denied in New Jersey?
You can appeal the denial and seek additional evidence to support your claim.
Workers' Compensation Attorney
Have you been hurt on the job in New Jersey? You may feel overwhelmed by the workers' compensation process, especially when your benefits are delayed or denied. JFM Law workers’ comp lawyers are here to support you every step of the way. Whether you’re dealing with a denied claim or just starting the process, we’re ready to help you get the medical care and wage loss benefits you need. Call (732) 333-6621 today or contact us online for a free consultation. Let us help you take the next step toward securing the benefits you deserve.