Workers Compensation is an insurance program that provides medical and disability benefits for work-related injuries and diseases. One of the basic premises of this insurance is an experience rating system that encourages injury prevention by charging higher premiums to employers whose workers have more injuries.

While workers compensation is mandatory in most all regions including Florida, California, Georgia and others, it is not mandatory in Texas. It is a type of insurance that administratively is fraught with danger to the inexperienced lay person, as well as to the inexperienced attorney.

Workers Compensation is a social insurance system that gives partial wage replacement for temporary or permanent loss of earnings for job-related injuries and illnesses.

It was first started in Germany in the 1800's and became common in the United States in the 1930's and 1940's. Now it appears to be here to stay. Though many would like to see it go away the major impediment to eliminating workers compensation is the absence of national health insurance and disability programs in the United States.

Depending on the region in which it is being sought, the laws will vary. For example though fairly close in proximity the states of Georgia and Florida may have different laws and requirements as they relate to workers compensation. Business owners should of course always consult with their attorneys for the most accurate and up to date information.

As for rates, they are awarded through a strict liability system, in which the employee is paid damages for their injury regardless of whether the injury was a direct result of an employer’s negligence.

The sole purpose for workers compensation is to cover the medical expenses accumulated by the injury, as well as financially support of the employee while they are recovering.

In order to encourage businesses to accept full responsibility for the premium costs of workers compensation, the workers gave up the right to sue the employer for damages resulting from a job related injury. When workers compensation was first proposed, a compromise was reached between businesses and the worker. Rather than a benefit, workers compensation is a legally mandated right of the worker. As such all medical bills relating to any on-the-job injury are covered by workers compensation.



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Employee has huge benefits when it comes to workers compensation insurance. Depending upon the exact situations of the accident or any fatal injury, employee may be qualified for one or more benefits as follows:

Medical Benefits: Any medical dealing required treating or relieving the effects of a job-associated damage or illness will certainly be paid by the either employer or by the insurance policy company offering coverage. This comprises doctor services, hospitalization, physical reinstatement, oral care, prescriptions, scan, laboratory services, and approximately all other essential and sensible care prepared by the dealing doctor(s).

Temporary Disability Benefits (TD): TD is paid only if a doctor concludes that a wounded employee is not able to work because of a job-associated poor health or an injury. Temporary disability benefits are not actually paid on the initial 3 days of work missed unless the worker is on off for more than 14 days or he is hospitalized. Compensation is usually made in every two weeks, for providing the employee is really eligible for the insurance. TD benefits would be stopped when the employee returns to work or the treating physician releases the employee for work or verifies that the injury has reached a point of maximum improvement.

Permanent Disability (PD): PD is paid if any hurt or infirmity consequence in a permanent disability, which lessens the offended workers capability to contend in the open employment market. The amount received would depend on the range of the disability. Other things that are measured when insurance company works out PD comprise the date of injury, the age when wounded, and as well his/her occupation. PD reimbursements are actually paid in each two weeks until the advantage is totally paid to the employee or when the worker resolves the case and gets a huge amount.

Vocational Rehabilitation (VR): VR is paid when it is improbable a worker is capable to go back to his normal job just before to the hurt and the manager does not provide other employment. Vocational Rehabilitation Maintenance Allowance benefits (VRMA) are commonly paid among the employee is in fact taking part in vocational rehabilitation. VRMA is also usually paid in each two weeks for as long as the worker is eligible.


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The Worker's Compensation system in New Jersey provides benefits to worker's injured or whom contract an occupational disease during their course of employment. Benefits include the payment of medical bills, temporary lost wages and compensation for any resulting permanent injury. Almost every worker is covered including farm workers. Persons considered to be independent contractors are not covered.

An injured worker must notify their employer of their accident within 90 days of the happening of the accident. Of course, whenever possible notice should be given as soon as possible. It is not necessary to provide the notice in writing.

If you are in need of medical attention or your employer is not providing temporary wages you should promptly contact an attorney who may assist you in getting authorized treatment and the payment of temporary disability.

It is very important to note that you only have two years to file a formal claim petition. If it is not filed within two years of the date of the injury or the last payment of compensation, whichever is later than you will be forever barred from doing so. Authorized medical treatment is considered compensation. In cases involving occupational illness, the Claim Petition must be filed within two years from the date the worker first learned of the condition and its relationship to their employment.

Many clients are fearful that their employer will fire them or in some other way take action against them for making a claim. You should take comfort in knowing that the law prohibits an employer from discharging or discriminating in any way against an employee for making a claim for workers' compensation benefits.

So what exactly are you entitled to? First you are entitled to all necessary medical treatment. Your employer has the right to designate the treating physician. In the event of an emergency an employer can seek treatment without first seeking authorization from their employer.

Second, you are entitled to lost wages (temporary disability benefits) after missing seven calendar days from work. This benefit is paid at a rate equal to 70% of your gross weekly wages received at the time of the injury up to a maximum established yearly by the Commissioner of Labor and Workforce Development. For example in for calendar year 2006 that amount is $691.00.

Third, when an injury results in a permanent partial disability benefits are based upon a percentage of disability to a "scheduled" body part including arms, hands, fingers, legs, feet, toes, ears, eyes or teeth. Benefits are also paid for "nonscheduled" losses involving the back, heart, neck, lungs, etc.

Lastly, an employee or their family may be entitled to other benefits if they are totally disabled or if the injured employee dies. These benefits will not be discussed in this article.

In summary, the Workers' Compensation system is designed to assist all injured employees. With the necessary knowledge you too can let the system WORK for you.

This article is intended to provide general information only. It is not intended to be a substitute for a consultation with a lawyer. The facts and circumstances of every case are unique. The lawyers at Shapiro & Sternlieb, LLC invite you to contact them with any questions you may have.


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