New Jersey Compensation Rates Will Increase 2.9% in 2024

The 2024 workers' compensation payment rates were published in a Rule proposal [ N.J.A.C.12:235-1.6] on 9/5/23 in the NJ Reporter, 55 N.J.R. 1870(a). The rates will increase by 2.9 percent over the present 2023 rates of compensation.

An Unpaid Volunteer Firefighter Is Entitled to NJ Workers’ Compensation Temporary Benefits

The NJ Supreme Court unanimously held that an unpaid and unemployed volunteered firefighter was entitled to temporary workers’ compensation benefits. The Court, in reversing both the Trial and Appellate rulings, declared that volunteer firefighters have been conferred special status by the New Jersey legislature and they should be paid temporary disability benefits at the maximum rate without a seven-day waiting period, even if the injured volunteer firefighter was not holding outside employment at the time of the work-related injury.

NJ Workers' Compensation Rates to Increase in 2019

The NJ Division of Workers' Compensation has announced that the rates for workers' compensation benefits will increase to a maximum of $921.00 per week for temporary and permanent disability and to a minimum of $245.00.

The Inherent Judicial Power of Judges of Compensation

A Judge of Compensation has the discretion to call and question witnesses in pending cases. A NJ Appellate Court affirmed the trial court award of additional weeks of temporary disability,  the imposition of a 25% penalty for unreasonable and negligent delay in defending the case and 20% counsel fees.

Minimal Light Duty Doesn't Limit Temporary Disability Benefits

A NJ Compensation Court ruled that an employer was unable to limit the payment of temporary disability benefits based an mere limited light duty.

Petitioner filed a motion in which he requested supplemental temporary disability benefits. Respondent objected and argued that, because the petitioner was returned to only minimal light duty work, his temporary disability benefits should be limited by the amount earned in such light duty capacity (rather than an amount based upon regular wages. The judge disagreed as he found that allowing a respondent to provide only minimal light duty work and thereby reduce a petitioner's temporary disability benefits would defeat the purpose of the temporary disability provisions of the workers' compensation statutes. Petitioner's motion was granted. 

"As stated earlier, temporary disability is intended to provide Petitioner with an amount which the legislature has determined to be sufficient for his living expenses while temporarily disabled.  Light duty, on the other hand, provides the injured worker an opportunity to transition back to his or her regular job by performing less strenuous duties for his/her employer until such time as he or she is able to perform his or her regular tasks.  The emphasis here is the benefit of the program to the employee.  We cannot lose sight of the fact that this is workers’ compensation.  Respondent’s position here would turn this aspect of the program into virtually an employer’s compensation, since an employer in Respondent’s situation will benefit financially the longer Petitioner remains on light duty status."

Soto v. Herr's Foods, Inc.
11-18325, decided September 7, 2012 by the Honorable Emille Cox, J.W.C.

Related articles

• NJ Maximum Disability to Increase 2% to $826.00 Per Week
• Laboratory Workers and Contacts Warned of Accidental Flu Pandemic
• Italy's Supreme Court Rules Cell Phone Brain Cancer Work Related
• Hot Topics in Workers Compensation Law 2013

Wage Miscalculations Can Result In Incorrect Low Temporary Disability Payments

Universally workers' compensation temporary disability benefits are set calculating wages at the time of the accident. If an employer miscalculates an employee's wages then the payment of temporary disability benefits paid may be too low. Employers use many techniques to report low wages.

Click here to read more: Don’t Get Short-Changed On Your Work Comp Disability Payments by attorney Brody Ockander
"While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to."

Related articles

• Study Reveals Employer Fraud Is Rampant (workers-compensation.blogspot.com)
• The New Mental Workplace Stress : Loneliness (workers-compensation.blogspot.com)
• Workplace Violence: Workers Compensation Judge Removed For Taking a Gun To Work (workers-compensation.blogspot.com)
• Gingrich Calls Present Workers' Compensation System Dangerous (workers-compensation.blogspot.com)
• Misrepresentation on Pre-Employment Application Not A Bar to Benefits (workers-compensation.blogspot.com)

Temporary Benefits Due During Period of Unrelated Medical Condition

An asthma flare up, that delayed surgery for a compensable back injury, was not a reason to halt the payment of workers' compensation temporary disability payment. The Court held:

"....when treatment for the original work related injury is delayed due to unrelated
conditions, the claimant was entitled to continued disability benefits during the entire period."

"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior fusion at C5-6 and C7 because of asthma flare-ups unrelated to the work accident." Schock did not refuse treatment, there is no evidence that she was able to return to work or that she was at maximum medical improvement during the brief delay in her neck surgery. Her  asthma condition was temporary and beyond her or her doctor's control."

Shock v Morristown Memorial Hospital/Atlantic Health Systems, Docket No, A-1658-09T2, (NJ Ap. 2010), Decided July 2, 2010

To read more about temporary disability and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.