My employer has reported the claim to the Workers’ Compensation insurance carrier, now what?
Under the law of the State of New Jersey, an injured worker is entitled to three things: treatment, temporary disability benefits while you are out of work, and permanency benefits. The Workers’ Compensation carrier controls the treatment – that is, they choose the doctor and the facilities. The employer has the obligation to provide treatment which would “cure and relieve” the effects of your injury. Palliative treatment, treatment that just maintains you, is not required. If their doctor says that you can not work, as a result of your injuries and that you are under active medical treatment, the Workers’ Compensation carrier is responsible for paying temporary disability benefits, which are 70% of your average weekly wage 26-weeks prior to the accident. However, in many situations, the weekly temporary disability rate may be capped depending on your wage. Finally, when you have reached your maximum medical improvement, i.e. your condition has hit a medical plateau; you may be entitled to permanency benefits, which are determined by the objective medical evidence of a lessening of your work ability, and your activities of daily living.

