When an accident-related injury leaves you unable to work, New Jersey law provides several avenues to recover lost wages. This guide explains your key options and steps to take. This is not legal advice.
Detailed Answer
1. Workers’ Compensation Benefits
If you were injured on the job, you can file a claim under the New Jersey Workers’ Compensation Act (N.J.S.A. 34:15-1 et seq.). Eligible employees receive temporary disability benefits equal to 70% of their average weekly wage, subject to minimum and maximum limits.
Key steps:
- Notify your employer in writing within 90 days of the accident.
- Complete and submit the Employee Claim (Form C-3) to the Division of Workers’ Compensation.
- Attend any required medical exams arranged by your employer’s insurer.
Citation: N.J.S.A. 34:15-1 et seq.
2. Personal Injury Lawsuit Against a Third Party
If a non-employer third party caused your accident (for example, a negligent driver or property owner), you may file a personal injury lawsuit to recover full lost wages plus other economic damages. New Jersey law allows you to claim past and future lost earnings based on medical records, pay stubs, and expert testimony.
Important considerations:
- Observe the two-year statute of limitations for personal injury claims: N.J.S.A. 2A:14-2.
- Document all wage losses with employer records and tax returns.
- Retain medical providers and vocational experts to support future earning capacity claims.
3. New Jersey Temporary Disability Benefits
If your injury occurred off the job and you lack other coverage, New Jersey’s Temporary Disability Benefits Law (TDB) offers income replacement up to 85% of your average weekly wage, capped at the state maximum. You can receive benefits after a seven-day waiting period.
To apply:
- Inform your employer promptly.
- Complete the Employer’s Report of Employee Injury (Form AA-4).
- Submit any requested medical certifications.
Citation: N.J.S.A. 43:21-25
4. Disability Insurance (Short-Term/Long-Term)
Review any private or employer-provided disability policies. Short-term disability can replace a portion of wages for several weeks to months. Long-term disability may cover years or until retirement age, depending on policy terms.
5. Social Security Disability Benefits (SSDI/SSI)
If your injury results in a long-term or permanent disability, you may qualify for federal Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Approval requires meeting strict medical and work-credit criteria.
Helpful Hints
- Report injuries promptly to preserve legal rights.
- Keep detailed records: pay stubs, medical bills, and treatment notes.
- Photograph accident scenes and injuries.
- Consult medical and vocational experts for future wage-loss estimates.
- Review all relevant insurance policies and deadlines.
- Consider speaking with an attorney to evaluate your best recovery path.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.