Workers’ Compensation benefits are designed to take care of injured workers until they can return to work. However, there are times when benefits are terminated before a person has time to recover. Often, an early termination of workers’ compensation benefits is a wrongful termination and may be a violation of a worker’s rights.
When a wrongful termination of workers’ compensation happens in New Jersey, you should contact the Workers’ Compensation Lawyers with offices serving all of New Jersey including Oakhurst, Howell, and Toms River. Workers’ Compensation helps families financially survive while the injured worker or family breadwinner recuperates.
A notice of modification or termination of your workers’ compensation may place fears in your mind that you must return to work before you are physically ready. The Workers’ Compensation Lawyers at Schibell Law will remind you of your rights and guide you through the steps of continuing your workers’ compensation coverage if you are still elligible.
Enforcing New Jersey Workers’ Compensation Laws
Under New Jersey Compensation Guidelines, an injured employee can obtain temporary total disability benefits if his or her injury results in more than seven days of absence from work. Benefits are equal to 70% of the employee’s average weekly salary, subject to a maximum and minimum amount of pay. Benefits should continue until the employee is fully ready to return to work or a Maximum Medical Improvement (MMI) has been achieved. An MMI signifies that the employee will experience no further medical improvements in his or her condition.
If an employee’s condition will not improve, and he or she still cannot perform work as before, the employee can receive total permanent disability benefits. Initially, the employee will get 450 weeks of benefits. After this initial period, if the employee can show that he or she is still unable to return to work, the employee can continue with total permanent disability benefits. However, if the individual cannot prove that the condition keeps him or her from earning a living, the benefits will cease.
In short, an employee must prove that he or she is not able to go back to work after the initial period of 450 weeks to keep the benefits enforced.
Reasons for a Workers’ Compensation Immediate Termination
There are various reasons for benefits to be terminated under New Jersey Workers’ Compensation Guidelines, a few examples are:
- A refusal to take an Independent Medical Examination.
- Not continuing to participate in a required treatment regimen.
- An Independent Medical Examination reveals a work-related injury no longer creates a disability.
- Attempting to obtain workers’ compensation using misrepresentation or fraudulent means.
When New Jersey workers comply with New Jersey Workers’ Compensation Guidelines, they can continue to receive benefits so long as they are eligible for them. A Workers’ Compensation Lawyer with offices in Oakhurst, Howell, and Toms River will fight to help you keep your workers’ compensation benefits intact if an employer or insurance carrier tries to wrongfully take them away.
Contact a Workers’ Compensation Lawyer Serving All of New Jersey
When you are injured on the job, you may be entitled to workers’ compensation under New Jersey law. Workers’ compensation with steady payments to you and your family is essential when you are recovering from an injury sustained at work.
If your workers’ compensation benefits have come abruptly to an end, and you feel the insurer or employer created a wrongful termination of benefits, let the Workers’ Compensation Lawyers at Schibell Law review your case to help arrange your appeal for reinstatement.
Allow the New Jersey Workers’ Compensation Lawyers with offices in Oakhurst, Howell, and Toms River help put your life back on course. You deserve to keep the workers’ compensation benefits that you deserve, and Schibell Law will work tirelessly to help you. Call 732-774-1000 for more information or to set up a free case evaluation.