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Understanding New Jersey’s Workers’ Compensation System
Jan16,2018
By NJBIA - New Jersey Business & Industry Association
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Hello. I like to know in plain English. In words I can understand regarding the over payment of temp by the insured. Insurance adjuster paired me but I didn’t know I was to be paid. Now they want me to give them back $7000.00 that I don’t have.
Someone told me to look at the statute 34:15-57.1. But being stupid I don’t exactly know what it pertains to.
Do I have to work the rest of my life to pay them back or in WC should they absorb the mistake. Thanks so much for your help.
I know your comment is over a year old, and your situation has most likely been resolved since, but in case someone else in a similar situation in the future sees this:
The comp carrier made what is referred to as a “gratuitous payment” to you. In NJ, the carrier/employer will be hard-pressed to get that back if fraud on your part is not the factor.
Basically, if the over-payment is not your fault via fraud, you PROBABLY aren’t compelled to pay it back unless the carrier/employer files in court if your claim is being/will be litigated.
Having worked in comp, I can say that there have been a few who received over-payments and returned the money.
If you were out of work for eight or more days, you are owed what is called TTD (total temporary disability) benefits which replaces your lost wages. In NJ, you are paid at 70% of your average weekly wages. You were probably out of work for eight or more days, though I am unsure as to what policies for the carrier/employer are in place that it seems that literally no one would have informed you that you were owed.
Hi , i am very close to a final settlement on my workmans comp case. However my attorney has yet to tell me the figures. This case is 4 yrs old now. Started with a minicus tear and then on to knee replacement, im trying to figure what is a fare settlement . if i don’t agree with the figure that my attorney says they offered do i have to accept it ? I have retired due to this injury and can no longer work in that field. Could you give me a ballpark figure what would be fair. Thank you.
Hi there, My left arm and wrist got injured at work I’ve only been for 3mths and I’m also new in the state of New Jersey. I really don’t know what to do… I need some good advice please!!!!
Can my husband collect w/c benefits simultaneously for 2 separate injuries and while on w/c, my husband took a buyout from his employer because his body can’t continue with the job.
About 3 years ago I got hurt on the job I used to work for waste management at the time of my injury my supervisor had went home and the manager lied on the report saying I felt to report the accident they don’t even paid my doctor bills
I replied via email.
I replied via email.
Three yers ago I servely injured my lower leg. My attorney tells me it’s classified as a foot injury and I will receive less money. What can be done to change the legal terms of body parts?
Responded via email.
I was ‘mandated’ by my boss to go out to a client’s site during a bad snow storm…the client didn’t shovel or blow and I went down. I reported it to my boss & they started a worker’s comp claim, 2 weeks later I was fired…the company said it was ‘poor performance’, yet all my reviews were above expectations, ready for promotion and outstanding…it was a virtual position and once fired, put out on worker’s comp, but they wouldn’t pay…they told unemployment they paid me severance and I resigned…what can I do, since they didn’t pay me worker’s comp, couldn’t accept another job for 4-5 months and had to fight to even get unemployment insurance and now getting harassed to pay those medical bills?
We had an employee who needed a ride across the road to go to our urgent care facility for treatment of a work related injury. An employee in our HR department who I work with decided that she would go pick him up from the urgent care facility. Outside of this being the “nice thing to do” is this best practice to put another employee at risk of a potential other injury? I do not agree with this practice as one could argue what if there was an accident after you picked up this employee? Please advise on how you would address this issue.
As an employer in New Jersey, can I supplement the benefit an employee receives from workers comp with paid time off? So that the employee received 100% of their weekly wage?
You probably can. Standard, though, is that it’s usually either one of the other: either salary continuance or the TTD rate (although some public schools give full salary continuance for a year and then switch to TTD checks.)
NJ statutes only outline that 70% of the twenty-six weeks prior to the date of injury are to be paid in TTD benefits. NJ does not provide partial lost time benefits (e.g., comp doctor said to work only four hours when normal shifts are eight, etc.)
Nothing in the NJ statutes compels the employer to pay the difference of lost wages, only the bare-minimum TTD rate (subject to the maximum and minimum rates of that year the injury occurred).
I would consult your workers’ comp attorney (not your labor attorney) on this matter. This may also depend on the sector your company is in (e.g., private or public, nursing home, construction company, etc.).
Does an employer have to pay WC premiums on the overtime portion of the payroll, or a shift differential for 2nd/3rd shift?
I have a workers comp attorney for acase in 2008. The attorney says the case is “still open and being worked on.” My last day at work was 9/6/2008. I received temp disability from NJ for a short period of time. I went for all the medical exams their insurance company sentme for. I’m living in FL now as I could not financially stay in NY or NJ. My lawyer gives me no details and just says the case is still in the works. It is almost 11 years. Who else can help me with this. This was in Bergen County.
My husband has S-corp. We would like to switch to LLC, to save money. He is president, 100% shares, I am listed as secretary, 0%. Construction company, no employees. He has been getting a w2 each year for $20k from his S-corp, to cover social security. He turns 65 next month, he has plenty of credit to qualify for social security, but won’t collect til older. I have stopped paying him “wages” the past three quarters…we just can’t come up with the quarterly taxes.
Question: If the S-corp or LLC does NOT pay W2 wages to him, do we still need to pay for Workmans Comp Insurance? Thank you very much.
as a S-Corp, he is still an employee as you are an employees as well and you would still need to maintain worker comp coverage. you may be required to have a minimum payroll and you will be classified under clerical with has a very low rate.
As a LLC, He is excluded but can request to be elected to the policy. however, the policy would still need to maintained as you would be considered an employee.
If you decide to switch to an LLC, it would save you on the workers comp but so long as there is an employee, it would need to be maintained to avoid getting fined by the state.
Its been 8 month since I’ve been on workmans comp and I havent received any payment. I got struck inside of a container and the forklift was carrying 3,500 on a pallet the forklift had NO BRAKES and it struck me .i got my mri and it stated my ankel was badly damaged. Now im waiting for there doctor review. How long do i wait to be recompense for my back pay and do i wait for sugery
My claim is court ordered and still being defrauded..im n. Need of serous med treatment..cant stop it ..
Can a employer demote you from a position that you had previously held prior to your work place injury, upon your return to work?
I receive worker compensation full maximum. In the state of New Jersey I was giving $70,000 400 weeks. I was told. In New Jersey. You don’t pay back. Is that correct. I sue. The. Place were I got injured. The contractor. I was award money. My. Lawyers. Took over $100,000 to pay back workers compensation. Did my lawyer rob me. Or. Do I have too pay back what worker compensation gave me Please. Enlightenment me. On this. Jorge Pagan
In NJ does the company or the insurance company,when you go back to work on lite duty and you go to therapy during working hours have to pay you for that time while you are at therapy.
I was injured on the job and became disabled as a result of my injuries. I recently asked for a copy of the Workers Compensation policy because quite frankly I don’t trust anything they have told me. They have been under paying my weekly wage since my benefits began in 2011. This has been $158 short per week. All the screaming and yelling I’ve done no one will listen to me. I would like to see if anything, what benefits they have decided not pay me. Can someone please tell me if I have a legal right to a copy of the policy or how I can obtain a copy on my own? Thanks in advance. Believe me when I say this isn’t even close to the other things the Carrier has done and the way they have treated me. 15 surgeries later and they still talk to me as I’m overstating my injuries.
Thanks for highlighting this topic. I have found it while looking for attorney in California. This was a great read. Keep up the good work.