Disclaimer: This article provides general information under New Jersey law and is not legal advice. You should consult an attorney for advice about your situation.
Detailed Answer
When accident-related injuries prevent you from working, New Jersey law offers multiple paths to recover lost wages. These options depend on how your injury occurred and your insurance coverage.
No-Fault PIP Benefits from Auto Insurance
Under New Jersey’s Personal Injury Protection (PIP) law, your auto insurer pays up to 85% of lost earnings if you can’t work due to an auto accident. This coverage applies regardless of fault. You can claim wage loss benefits up to the policy limit. Learn more in N.J. Stat. § 39:6A-4 (link).
Workers’ Compensation for On-the-Job Injuries
If you sustain an injury at work, file a workers’ compensation claim. New Jersey workers’ compensation covers two-thirds of your average weekly wage, up to statutory maximums. You can receive benefits for temporary or permanent disability. See N.J. Stat. § 34:15-7 (link).
Third-Party Personal Injury Claims
If a third party caused your accident (for example, a negligent driver or property owner), you can sue them for full lost wages. You must file within two years of the injury (N.J. Stat. § 2A:14-2, link). You can recover past and future wage losses, plus medical expenses and pain and suffering.
Disability Insurance Claims
If you have short-term or long-term disability insurance through your employer or a private policy, file a claim under that policy. These plans often cover 50% to 70% of your salary after a waiting period. Review your policy’s coverage terms and deadlines carefully.
Social Security Disability Benefits
For severe injuries that cause long-term or permanent disability, consider applying for Social Security Disability Insurance (SSDI). SSDI pays a monthly benefit based on your earning history, but approvals can take months. Visit the Social Security Administration at ssa.gov for more information.
Helpful Hints
- Document lost income: Keep pay stubs, tax returns, and employer letters.
- Meet deadlines: Note filing deadlines for PIP, workers’ compensation, and lawsuits.
- Gather medical proof: Submit doctor’s reports and treatment records.
- Notify insurers promptly: Report your claim as soon as possible.
- Consider legal counsel: An attorney can help calculate future wage losses and negotiate settlements.