New Jersey Workers’ Compensation Temporary Disability Lawyers
One of the benefits that the workers’ compensation law provides to injured workers is known as temporary total disability (TTD). These can be thought of as wage replacement benefits. The standard held for receiving TTD benefits is whether or not the authorized doctor, who is the doctor provided by the workers’ compensation insurance company to treat the injured worker, determines the worker is indeed unable to perform their work duties for a brief period.
How Temporary Workers’ Compensation Pay Is Decided
The injured worker found to be totally temporarily disabled is entitled to receive 70% of their gross weekly wage, with both a floor and a ceiling. For example, in the state of New Jersey in 2024, TTD benefits cannot go lower than $302 per week nor higher than $1,131 on a weekly basis. These figures are adjusted on an annual basis to account for the cost of living.
Workers’ Compensation Law and Restricted Workload in New Jersey
In some circumstances, an injured worker would be entitled to TTD even if they are not temporarily disabled. x. If the employer can accommodate the injury restrictions, then the injured worker has to go back to the workplace, and the employer has to abide by those work restrictions. During that period of time, the employee will receive his normal wages.
However, if the worker is unable to perform their regular duties and less demanding work is not available, then TTD can serve as a wage replacement.
Why Choose Daniel Santarsiero NJ Workers' Compensation Lawyer? Our Commitment to Your Recovery
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Hear From Our Happy Clients
At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Hard Work & Dedication"Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.- Zalana K.
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"A Great Experience!"I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.- Larry W.
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"Highly Recommend!"He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!- Barbara A.
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"He is Amazing!"He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.- Amanda A.
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"Very Satisfied!"I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.- Lucas Vieira A.
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"Definitely Recommend!"I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.- Russ D.
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"The Best Results!"He resolved any concerns and concluded the case within a reasonable amount of time with positive results.- Stephen C.
How Long Before Temporary Disability Approval?
In New Jersey, the process for approving temporary disability benefits typically begins right after an employee files a claim. Still, the exact timeline can vary based on the specifics of each case.
Once an employer is notified of the injury and the claim is filed with the insurance carrier, the insurer generally has 21 days to accept or deny the claim. During this period, the injured worker may need to undergo medical evaluations and provide additional documentation to support their claim. Our office can help you with this process.
If approved, benefits are usually paid retroactively from the first day of the disability following a seven-day waiting period.
When TTD Ends
Often, an injured worker is treated by more than one authorized doctor. For a worker to be able to return to work and no longer be eligible to receive TTD benefits, all of the injured worker’s authorized doctors have to indicate that he or she is able to return to work without restrictions.
An example of multiple doctors disagreeing would be an injured worker who is orthopedically cleared to go back to work but is not cleared to do so by the pain management doctor. Until all the doctors have their opinions aligned, the worker is entitled to wage replacement benefits.
About New Jersey Worker's Compensation Lawyer
It is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.
Workers’ Compensation Injury Categories
There are three primary categories of workers’ compensation injuries that the courts recognize in New Jersey:
Orthopedic Injuries
These injuries involve the bones, muscles, or soft tissues that surround them. They include injuries such as a broken foot, a broken arm, or a ligament or tendon injury in the shoulder that would require rotator cuff surgery. An orthopedic injury could also be an injury to the hip or spine. These orthopedic-type injuries are one category of injuries that would entitle an injured worker to wage replacement benefits.
Neurological Injuries
These injuries affect the nervous system, including the brain, spinal cord, and peripheral nerves, and can lead to significant and often permanent impairments. For instance, traumatic brain injuries (TBIs) can occur from falls, being struck by objects, or car accidents on the job. These TBIs can lead to symptoms such as cognitive deficits, memory loss, and chronic headaches. Similarly, spinal cord injuries might result from heavy lifting, falls from heights, or machinery accidents, causing paralysis or loss of sensation and function below the injury site.
Repetitive stress injuries, such as carpal tunnel syndrome and thoracic outlet syndrome, also fall under this category. These conditions are common among office workers, assembly line employees, and those who perform repetitive motions, such as typing, lifting, or using tools.
Psychological Claims
It’s not uncommon for someone to also have a psychological injury in addition to their physical ailments. Workers may be unprepared for the impact of a physical injury, not just on their physical well-being but also their feelings of self-worth. Employees may consider their occupation a cornerstone of who they are as a person. If the worker has some sort of physical injury that prevents him or her from working or being the bread earner for a period of time, that plays on someone’s psyche.
Oftentimes, someone suffering from a physical injury has the thought that now they are less of a person than they had been before since they and their family have to try and make do with the 70% amount of normal wages that they had earned. All of those things will have a negative impact on their psyche, perhaps calling for counseling and/or medication management.