If you’ve been injured at work in New Jersey, one of the first things you might be wondering is how much money you can expect to receive through workers' compensation. Injuries that temporarily disable you and prevent you from working can be financially stressful. Workers' compensation benefits are there to help ease that burden. Understanding how these payments are calculated and how much you’re entitled to can make a big difference during your recovery.
In this article, JFM Law breaks down how workers' compensation for temporary disability works in New Jersey. We’ll also explain how these benefits are calculated, how long they last, and how a NJ workers' compensation lawyer can help if you need assistance with your claim.
Workers’ Compensation Lawyer in New Jersey
If you’ve been injured on the job in New Jersey, you don’t have to go through this alone. Employers and insurance companies can make it hard to get the benefits you’re entitled to. JFM Law workers’ comp lawyers are here to help you through it. We focus on making sure you receive the benefits you need while you focus on healing. Whether you're dealing with unpaid medical bills or lost wages, we’re ready to assist. Call us at (732) 333-6621 or reach out online for a free consultation. Our workers’ comp attorneys have offices in Freehold, Toms River, and New Brunswick, and serve injured workers across the state.
What Is Temporary Disability Under Workers' Compensation?
Temporary disability benefits are provided when you are injured on the job and are temporarily unable to perform your regular work duties. These benefits are meant to replace a portion of your lost wages while you recover from your injury. Once you are cleared by your doctor to return to work, either in your previous capacity or with modifications, your temporary disability payments will stop.
How Are Temporary Disability Benefits Calculated?
The amount you will receive in temporary disability payments is calculated based on your average weekly wage at the time of the injury. According to NJ Statutes § 34:15-12(a), you are entitled to 70% of your weekly wages. However, there are maximum and minimum limits in place. The maximum amount you can receive is capped at 75% of the statewide average weekly wages (SAWW), and the minimum amount is 20% of the SAWW.
The SAWW is determined by the New Jersey Commissioner of Labor and Workforce Development every year and is based on the wages of employees covered under the state's unemployment compensation law. The commissioner announces this number by September 1st each year, and it applies to injuries that occur in the following calendar year. This means the maximum and minimum payment amounts will vary slightly from year to year, depending on the statewide average.
For example, if the statewide average weekly wage in a given year is $1,200, the maximum weekly compensation for temporary disability would be 75% of that, or $900. The minimum amount would be 20%, which would come out to $240 per week. If you were making $1,000 per week before your injury, you would receive 70% of your wages, which is $700, as long as it falls within these limits.
What Happens if You Earn Less Than the Minimum Benefit?
If 70% of your weekly wage is less than the minimum amount set by law, you will receive the minimum payment. So, even if your earnings are relatively low, you are guaranteed a minimum amount of temporary disability benefits under workers' compensation. This safety net ensures that even lower-wage workers are still compensated fairly during their period of disability.
How Long Will I Receive Temporary Disability Benefits?
Temporary disability benefits are meant to provide financial support while you are unable to work due to your injury. However, these benefits do not last forever. According to NJ Statutes § 34:15-12(a), you can receive temporary disability payments for up to 400 weeks. Specifically, your benefits will stop when any of the following happens:
- You are cleared by your doctor to return to work, either to your previous job or in a modified role.
- You reach the maximum medical improvement (MMI). This means your doctor believes that further medical treatment will not improve your condition.
- You have received benefits for 400 weeks.
The length of time you receive benefits is directly related to how long your injury keeps you from working. Once you are able to return to work, or your condition is deemed permanent rather than temporary, the payments will stop.
What If I’m Cleared for Light-Duty Work?
In some cases, your doctor might clear you for light-duty work before you are fully recovered. If your employer offers a modified role that accommodates your medical restrictions, your temporary disability benefits will end. However, if your employer does not have a light-duty job available, your benefits may continue until you are fully cleared for regular duties or reach MMI.
It’s important to communicate with your employer and your doctor during this time. If there is a disagreement about whether you are truly able to work, you may need to take additional steps to ensure that your benefits continue until you are fully recovered.
How Temporary Disability Is Calculated for Part-Time and Seasonal Workers
If you work part-time or seasonally, your temporary disability benefits will still be calculated at 70% of your average weekly wage. The same minimum and maximum limits apply, even for part-time workers. However, your average weekly wage will be based on the wages you earned during your employment, which may be lower than full-time workers.
This can sometimes lead to confusion or disputes over the proper calculation of benefits, especially if your work hours fluctuate. A workers' compensation lawyer can help you understand how your benefits should be calculated and assist you if there are any discrepancies.
Penalties for Delayed Payments
There are many factors that can affect your claim, including the calculation of your average weekly wage, timing of your benefits, and whether your employer offers light-duty work. Additionally, delays or disputes with your employer or their insurance carrier can complicate the process. Still, if you are eligible for temporary disability benefits, your employer or their insurance carrier is required to start making payments without delay. Under NJ Statutes § 34:15-28.1, if your employer unreasonably or negligently delays your payments for more than 30 days, they may face penalties. In this case, they could be required to pay an additional 25% of the amount due, plus any reasonable legal fees you incurred as a result of the delay.
What If I’m Receiving Temporary Disability Benefits From Another Source?
In some cases, you may be eligible for temporary disability benefits through other programs, such as the state’s Temporary Disability Benefits Law (TDBL). Under NJ Statutes § 34:15-57.1, if you are receiving temporary disability payments from both workers' compensation and the TDBL for the same injury, your employer or their insurance carrier may be required to reimburse the TDBL for any payments you received from that program. This prevents workers from receiving double benefits for the same injury.
Can I Receive Temporary Disability for an Occupational Disease?
Temporary disability benefits are not limited to injuries from accidents. If you suffer from an occupational disease—such as lung disease from inhaling harmful chemicals or carpal tunnel syndrome from repetitive motion—these benefits are also available. The same laws apply to temporary disabilities caused by occupational diseases, and the calculation of benefits follows the same 70% of weekly wages formula.
How a Workers' Compensation Lawyer Can Help
Filing Your Claim Correctly
Filing a workers' compensation claim involves a lot of paperwork and deadlines. A lawyer can help you make sure that all the necessary forms are filled out correctly and submitted on time. This reduces the risk of having your claim denied due to technical errors.
Ensuring You Receive the Correct Amount
Your lawyer will ensure that your temporary disability payments are calculated correctly based on your average weekly wage and the relevant state laws. If there is a dispute over how much you are owed, your lawyer will work to resolve the issue in your favor.
Handling Delayed or Denied Payments
If your employer or their insurance carrier is delaying your payments, a workers' compensation lawyer can step in and make sure you receive the benefits to which you are entitled. Under NJ Statutes § 34:15-28.1, the employer can be held accountable for unreasonable delays or refusals to pay.
Representing You in Disputes
If your employer disputes your claim, such as whether you are really unable to work or whether your injury is job-related, a lawyer can represent you in hearings or negotiations. They can also help you gather medical evidence or testimony from experts to support your claim.
Protecting Your Rights If You Return to Work
If you are cleared for light-duty work but your employer cannot provide an appropriate job, your benefits may continue. A lawyer can ensure that your rights are protected in these situations and that your payments don’t stop prematurely.
Appealing a Denied Claim
If your workers' compensation claim is denied, you have the right to appeal the decision. A lawyer can guide you through the appeals process and help you build a strong case to overturn the denial.
Frequently Asked Questions
What is temporary disability under workers' compensation?
It provides wage replacement when you're injured at work and unable to perform regular duties.
How much will I receive in temporary disability benefits?
You'll get 70% of your average weekly wages, subject to maximum and minimum limits.
How are temporary disability benefits calculated?
They are based on 70% of your average weekly wage, capped by statewide limits set annually.
How long will I receive temporary disability benefits?
Until you return to work, reach maximum medical improvement (MMI), or after 400 weeks.
What if I’m cleared for light-duty work?
If your employer offers light-duty, benefits stop. If not, they may continue.
What happens if my employer delays payments?
Your employer may face penalties, including 25% of the overdue amount, if payments are delayed.
What if I work part-time or seasonally?
Your benefits are still 70% of your average weekly wage, subject to the same limits.
Can I receive temporary disability for an occupational disease?
Yes, occupational diseases are covered, with the same 70% wage replacement formula.
Can I receive temporary disability from multiple sources?
You can't receive double benefits; workers' comp must reimburse other programs like TDBL.
What if 70% of my wage is below the minimum benefit?
You’ll receive the minimum payment set by New Jersey law.
Workers’ Compensation Attorney | Temporary Disability Lawyers
Temporary disability benefits are an essential part of workers' compensation in New Jersey, providing financial support while you recover from a job-related injury or illness. If you've been hurt at work in New Jersey, trying to figure out your benefits shouldn’t be another burden. JFM Law knows how frustrating it can be to face denials or delays when you need support the most. Whether you’re dealing with your first claim or a denied benefit, we’re here to stand by you every step of the way. JFM Law workers’ comp lawyers can help ensure that you get the benefits you’re entitled to under the law. Let us help you through this process so you can focus on getting better. Call (732) 333-6621 or contact us online for a free consultation.