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Wednesday, September 6, 2023

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.

Wednesday, December 29, 2021

New Jersey’s Minimum Wage to Increase to $13/Hour for Most Employees on Jan. 1

New Jersey’s statewide minimum wage will increase by $1 to $13 per hour for most employees, effective January 1, 2022. The increase will be reflected in higher workers’ compensation benefit rates as those are paired with the State Average Weekly Wage (SAWW).

Friday, November 20, 2020

Underpayment of Wages Impact Workers’ Compensation Claims

The underpayment of wages due workers impacts the calculation of benefits that injured workers and their dependents receive. States are now enforcing laws when inadequate wages have been paid workers.

Wednesday, August 1, 2018

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.

Monday, January 22, 2018

NJ Corrections Officers Are Entitled to Supplemental Benefits

NJ Corrections officers and other designated safety officers are now entitled to supplemental payments equating to full salary while on Workers’ Compensation temporary disability benefits. Recent legislation that was effective as of October 17, 2017, requires certain employers to make supplemental payments so that full salary is received by the injured workers.

Wednesday, October 23, 2013

Voters Will Decide on Minimum Wage Hike - Impacting Workers Compensation Benefits

Workers' Compensation Rates are computed from the State's Average Weekly Wage (SAWW). NJ voters will an opportunity to vote on this landmark change in NJ law. Today's post was shared from njtvonline.org

The state’s current minimum wage is $7.25 an hour. If you work a 40-hour week, that’s $290 a week, or $1160 a month, before taxes, in a region where the average monthly rent is $1,760. Take away food, transportation and other incidental costs and, well, you do the math. It’s why a broad coalition of labor, elected and other officials are pushing hard for Public Question 2, 

which would change the state’s constitution to raise the minimum wage to $8.25, and tie future increases to the cost of living, something that newspaper vendor Tony White would welcome.
“It would be nice if was $8.25 for a lot of jobs out here because the minimum wage has been down for a long time. It’s time for the little people to make a little something, ya know? That’s all,” White, of Newark, said.

Tazia Treadwell knows about working for $7.25. She did it for a couple of years at a fast food restaurant just out of high school.

“After two, three months, I got a 10-cent raise, so I was at $7.35 an hour. After two years, no progress. I was was frustrated. I was just out of high school and I was at that stage where I wanted everything new, the latest of everything and I could barely do that,” Treadwell said.
Then came an...
[Click here to see the rest of this post]

Thursday, September 26, 2013

NJ Workers' Compensation Maximum Rate Rising in 2014

The maximum NJ Workers' Compensation is proposed to rise to $843.00 per week in 2014.  The rate is based upon the State's Average Weekly Wage (SAWW). The rate applies to temporary disability, permanent disability, permanent total, permanent partial total, and dependency benefits.
The rate for 2013 is $826.00.

NJAC 12:235-1.6 (September 3, 2013)
2013 NJ REG TEXT 335666

Wednesday, August 28, 2013

Jobs are coming back, but they don't pay enough

Workers' Compensation benefits are usually based on an individual's wages and limited by the State Average Weekly Wage (SAWW). Likewise, premiums paid by employers are also determined by payroll costs. As medical costs soar, wage are not keeping up with wages, therefore premiums must rise. The result is a push by employers to limit workers' compensation claims through regulation and statutory reforms. Today's post was shared by Steven Greenhouse and comes from www.baltimoresun.com


The good news as Labor Day approaches: Jobs are returning. The bad news: Most of them pay lousy wages and provide low, if not nonexistent, benefits.

The trend toward lousy wages began before the Great Recession. According to a new report from the Economic Policy Institute, weak wage growth between 2000 and 2007, combined with wage losses for most workers since then, means that the bottom 60 percent of working Americans are earning less now than 13 years ago.

This is also part of the explanation for why the percentage of Americans living below the poverty line has been increasing even as the economy has started to recover — from 12.3 percent in 2006 to around 14 percent this year. More than 35 million Americans now live below the poverty line.
Many of them have jobs. The problem is that these jobs just don't pay enough to lift their families out of poverty.

Sunday, July 28, 2013

The Oklahoma Opt-Out System is Bad Medicine for an Ill System

The newly enacted Oklahoma "Opt-Out" workers' compensation system has been urged by reformers as an effort to provide a more efficient and effective than its century old program enacted in the early 1900s. A comparison of the Oklahoma Opt-Out system to the New Jersey system reflects a limitation on litigation and a return to a more administrative program. Additionally, the opt-out system would provide for injured workers' choice of physician that ultimately could be blended into an employer based health program.

The changes are dramatic, and a major shift from the traditional based system such as New Jersey has followed since 1911.

Obviously the future statics will be reviewed by all stakeholders to determine if the Opt-Out System can really satisfy the concerns of all stakeholders or just a few.

Radical statutory changes to workers' compensation that have been limited to the interests of specific interest groups in the past have been met with disasters. The Opt-Out System of Oklahoma appears to be one of those programs, and has been bitterly contested by the advocates of injured workers.

In order for the creation of an optimal system of compensation to meet the socio-political-economic changes that are occurring in the world, all parties must sit at the table and work out a plan together. The Oklahoma Opt-Out system just appears to be bad medicine for a very ill system.

New Jersey Traditional v Oklahoma Opt-Out
Hearing Officials
The Jersey System:
Case are heard by Compensation Judges nominated by the Governor and the system is administered under the Executive Branch of government. There are 50 Compensation Judges.

The Oklahoma Opt-Out System:
Starting on February 1, an administrative process with three appointed commissioners will replace the current court procedure with 10 judges for litigating workers’ compensation claims.

Temporary Disability Benefits
The Jersey System:
If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive temporary total benefits at a rate of 70% their average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. These benefits are provided during the period when a worker is unable to work and is under active medical care.The limit is 450 weeks. The maximum temporary disability rate for 2013 is $826.00.

The Oklahoma Opt-Out System:
Temporary disability payments will be reduced to 104 weeks instead of 156 weeks, with a cap at 70 percent of the state’s average weekly wage, about $540 per week.

Permanent Disability Benefits:
The Jersey System:
Partial Disability: When a job related injury or illness results in a partial permanent disability, benefits are based upon a percentage of certain "scheduled" or "non-scheduled" losses. A "scheduled" loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. A "non-scheduled" loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, the heart, the lungs. These benefits are paid weekly and are due after the date temporary disability ends.

Total Permanent Disability:
These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Permanent Total benefits are paid weekly and are based upon 70% of the average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.

Permanent Total Disability is also presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of injuries that render the worker unemployable.

The Oklahoma Opt-Out System:
Permanent disability payments will be reduced from 520 weeks to 350 weeks.

Choice of Treating Physician
The Jersey System:
None. Employer selected physician must be utilized.

The Oklahoma Opt-Out System:
Employees will be allowed to change treating physicians once so long as the selection is from a list of three doctors provided by the employer.

Arbitration or Alternate Dispute Resolution
The Jersey System: 
None. All cases, including settlements, must be heard or reviewed by a Compensation Judge.

The Oklahoma Opt-Out System:
Employers can require arbitration as the exclusive way to settle claims and disputes with employees.

Friday, July 26, 2013

Raising the Minimum Wage Is Good for the Economy

Most workers' compensation rates are calculated on the SAWW (State Average Weekly Wage.) Raising minimum wages will increase workers' compensation rates for temporary and permanent disability benefits. Today's post was shared by US Dept. of Labor and comes from www.whitehouse.gov



Minimum wages nationwide.
Minimum wages nationwide. (Photo credit: Wikipedia)
Today, low-wage workers and their advocates are gathering together as part of a national day of action for an increase in the minimum wage. Marking four years since the last increase, Americans across the country are making the case for why raising the minimum wage is good for workers and the economy.

Raising the minimum wage was also part of the economic
 vision that President Obama laid out in Galesburg, Illinois today, as he described what we need to do to support the middle class and those who are trying to join it. In his own words, “because no one who works full-time in America should have to live in poverty, I will keep making the case that we need to raise a minimum wage that in real terms is lower than it was when Ronald Reagan took office. “

Thursday, September 13, 2012

NJ Maximum Disability to Increase 2% to $826.00 Per Week

NJ's workers' compensation disability rates are scheduled to increase in 2013 to a maximum rate of $826.00 per week. The NJ workers' compensation rate is mandated by statute and the the increase from $810. per week paid in 2012 is adjusted based upon the States' Average Weekly Wage (SAWW). The 1979 amendments to the act adjusted the then $40.00 maximum rate based upon the SAWW formulate to keep payments inline with actual salaries.

Click here to read the NJ Register Notice

....
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More about temporary disability
Aug 13, 2012
An employer cannot stop paying workers' compensation benefits merely because the injured worker was awarded Social Security Disability benefits. In fact, the premature termination of temporary disability benefits was ...
Jul 27, 2012
If an employee is not absent from work, temporary compensation benefits are not payable. An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a ...
Jan 29, 2012
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...
Jul 06, 2010
"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 ...


Friday, July 27, 2012

Duration of Temporary Disability Payments Increasing

NCCI Holdings Inc. reports the duration of the average payment of workers' compensation temporary disability benefits is increasing.


When a worker is temporarily disabled as a result of a work-related injury so that he or she is unable to perform his job, the worker is entitled to temporary compensation benefits. If an employee is not absent from work, temporary compensation benefits are not payable.  An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a dispute with regard to the payment of temporary disability benefits and the respondent-employer has contested their payment either from the date of the accident or following the termination of medical care, the employee may look to the State or to a private temporary disability carrier for payment.

New Jersey standards for temporary disability benefits:
Temporary Disability
  • When out of work and under authorized medical care for more than 7 days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).
  • Authorization to return to “light duty” is interpreted by the Courts as a return to full time employment and temporary disability benefits will stop. If you remain under medical care and if your employer does not have “light duty” work available you may be entitled to continued temporary disability benefits.

....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.



Related Articles on Temporary Disability Benefits

Jan 29, 2012
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...
Jul 19, 2012
This amount, not the $400 basic wage, should be used to compute for his benefits, thus yielding an additional $50 per week in Temporary Total Disability benefits. Additional items of value are also included as part of the...
Feb 06, 2012
A NJ Appellate Court upheld that a trial judge's ruling that a decision of the Social Security Administration awarding total disability beenfits did not terminate a workers' compensation order for temporary disability payments.
Apr 10, 2012
Temporary disability plans and major medical plans act as coverage for loss time and treatment. Employee are willing to fore go permanent disability inorder to get certain and immediate medical care and lost time benefits.

Sunday, May 8, 2011

Google, Apple, Lucas Film Accused of Fixing Employee Wages

A lawsuit was filed last week against major players in the dot-com field for fixing employees wages. An employee's wage is a determining factor in workers' compensation claims to ascertain scheduled rates of compensation benefits.


The suit, filed in California last week, alleges that Apple, Intel, Intuit, Lucasfilm and Pixar  conspired "to fix and suppress the compensation of their employees." The class action claims that these companies violated California antitrust statues.



Rates for determining permanent partial disability have changed dramatically since the enactment of the Workers' Compensation Act in 1911. The present system of determining the rate of permanent partial disability payable to a claimant is statutorily defined in a disability wage and compensation schedule in the Workers' Compensation Act. The present disability wage and compensation schedule is based upon the Statewide Average Weekly Wage (SAWW) and establishes percentages for maximum and minimum compensation.  The schedule  reflects the percentages of disability presently in effect for maximum benefits.  The schedule also sets forth values calculated in number of weeks for specific members of the body. 


For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Tuesday, September 7, 2010

NJ Workers Compensation Payments to Decrease

For the first time in history, the NJ workers compensation benefit rates are going to decrease. The maximum benefit rate will decrease 0.3% from $794.00 to $792.00 per week.


The 2011 maximum workers' compensation benefit rates for temporary disability, permanent total disability, permanent partial disability and the dependency rate are based upon the States's Average Weekly Wage (SAWW) for the year prior. New Jersey currently provides for a maximum benefit of 75% of the statewide average weekly wage (SAWW). 


The New Jersey maximum rate has been considered significantly low when compared to to other states and perennially a higher adjustment has been recommended.  

The rate applies to those work related injuries and deaths that occur in 2011. NJ ADC 12)2351.6, 42 N.J.R. 1994 (a). In 2007 the rate rose a modest 2.7 %.

Historically, NJ maximum workers' compensation has only risen yearly over the decades. The 2011 announced decrease represents a major slow down in the State's economy. Despite the announced fall in scheduled disability rates, the cost of soaring medical treatment remains uncapped and its economic impact remains uncertain in an era of declining payrolls and lower premium collections for compensation benefits.
Related Articles:
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jjon@gelmans.com have been representing injured workers and their families who have suffered occupational illnesses. Author NJ Workers Compensation Law (West).

Thursday, August 13, 2009

NJ Work Comp 2010 rates jumps up 2.7%

It has been announced that the NJ maximum workers' compensation rate will bounce up to a new maximum rate of of $794 per week in 2010. The rate in maximum rate in 2009 was was $773 per week. The rate is mandated by statute and changes yearly. It is calculated from the the State Average Weekly Wage (SAWW) for the year prior.

Tuesday, July 21, 2009

Declining Salaries and Unemployment Challenege Workers' Compensation

The decline of wages is yet another major factor in the determination of the health of the workers' compensation system. Recently released surveys reflect that the increase in salaries is the lowest in decades.

The US Department of Labor has reported that the average workers' salary has only increased 2.2% in last year. The demonstrates a fall of 3.2%.

Most workers' compensation systems are based upon the Sate Average Weekly Wage (SAWW). The SAAW establishes the limits for benefit payouts. Usually States mandate that both minimum and maximum payments are a percentage of the SAWW. Compounding that predicament is the fact that the recession has eliminated 6.5 million jobs since 2007.

Both higher levels of unemployment and a reduction in salary increases impact have a fiscal impact of the workers' compensation system. Wages are the basis for the calculation of premiums collected. Few employees and lower wages reflect in lower incomes for insurance companies.

Of course lower employer gives rise to declining claims and lower salaries give rise to lower rates. However, medical costs, the driving force in workers' compensation continue to rise. As the economy continues to decline and fewer businesses remain afloat, the challenge to keep the workers' compensation system afloat will become more acute.





Monday, August 18, 2008

2009 NJ Workers’ Compensation Benefit Will Amount to $19.32 Per Hour

The 2009 workers’ compensation benefit rate for 2009 has been announced and it will increase to a maximum of $19.32 per hour or the equivalent of $40,196. per year. NJ bases its rate on only 70% of the SAWW.


• NJ SAWW $1030

• NJ SAWW Hourly $25.75/hr

• 2009 Annual Benefit 75% SAWW of the 2008 SAWW $773.00

• 2009 Maximum Annual SAWW cap = $19.32/hour

• $19.32 x 40 x 52 = $40,196.00 per year

Where NJ Stands in Comparison to Other States
13 States have SAWW Caps that are higher than 100% of the SAWW. Iowa has 200%. 20 States, including close or nearly adjacent States/Federal District (Pennsylvania, Rhode Island, Connecticut, Massachusetts and District of Columbia.), have 100%.

Of the States with fixed dollar caps on benefits, 33 States have caps that are 100% or greater than New Jersey and only 6 states have dollar caps lower than NJ.

What an Increase of the “CAP” Would Cost
Some proponents have sough a legislative change in NJ to increase the benefit payment, It has been estimated that in increase in the cap from merely from 75% to 80% would cost no more that a 1% percent increase in total cost and therefore an increase to 100% would be no more than 5% or about $100 million in total premium dollars.

Saturday, July 12, 2008

NJ Workers' Compensation Legislative Analysis



Why there is a need to increase “The Cap.”

NJ’s Statutorily Imposed Cap of Benefits
The average worker is dependent upon his weekly wage to provide the necessities to maintain a standard of living for himself and his family. When the flow of salary ceases, immediate concern focuses on the provision of food, clothing and shelter. The Workers' Compensation system is a major social benefit program that addresses the need to provide for benefits to replace earned wages and a “socially adequate” standard of living.
Disability rates for workers' compensation benefits in the State of New Jersey are based upon the computation of the wages of the injured employee. Statutorily, the wages are defined to mean "the money rate" at which the service rendered is compensated.

Since the Act was amended in 1979, New Jersey workers' compensation benefits are based upon the statewide average weekly wage (SAWW). There are both minimum and maximum compensation rates. The Act provides for a sliding scale of maximum allowable weekly benefits through the first 180 weeks of disability, and thereafter eliminates the sliding scale, replacing it with a single percentage rate, which itself increases as the severity of the disability increases. The beginning rate of disability is 20% of the SAWW, and increases by approximately one percent until it reaches the level of 35% of the SAWW for injuries which warrant disability payments of over 180 weeks. [From that point on, as the severity of the disability increases, the percentage of the SAWW which is paid also increases by five (5) percentage points for approximately every 30 weeks of disability paid.

NJ’s Dilemma:
2008 State Average Weekly Wage (SAWW)
NJ State Average Weekly wage (SAWW) for all workers was determined to be $989.23, 39 N.J.R. 3714(a).
NJ State Average Hourly Wage for 2008, calculated as 1/40th of the SAWW = $24.73, NJSA 34:15-12. The Maximum Workers’ Compensation benefit, which is capped at $75% of the SAWW for 2008 is $742 per week.
The Maximum HOURLY Workers’ Compensation SAAW cap is, based on a 40 hour week, $18.55.

Many workers in NJ are earning wages that EXCEED $18.55 per hour!

Where NJ Stands in Comparison to Other States
13 States have SAWW Caps that are higher than 100%. Iowa has 200%. 20 States, including close or nearly adjacent States/Federal District (Pennsylvania, Rhode Island, Connecticut, Massachusetts and District of Columbia.), have 100%.

Of the States with fixed dollar caps on benefits, 33 States have caps that are 100% or greater than New Jersey and only 6 states have dollar caps lower than NJ.What an increase in “the cap” would cost NJ. It has been estimated that in increase in the cap merely from 75% to 80% would cost no more that a 1% percent increase in total cost and therefore an increase to 100% would be no more than 5% or about $100 million.
Cost of NJ System in Comparison to Other Systems
The most current numbers available indicate that the cost of workers’ compensation benefit per $100 payroll compare as follows:NJ = $0.85 (which amounts to 81% of the national average)All States – National Average = $1.05

NJ presently rates14th lowest in cost nationally and a mere increase of only 5% would increase the cost to $0.89 which equates to 85% of the national average which would rank NJ still as 19th lowest in cost.