If a workplace injury leaves you unable to work in Essex County, New Jersey, state law replaces a portion of your lost wages during your recovery. The team at Lubcher Law helps workers from Newark to Montclair confirm that these payments are calculated correctly.
The formula may seem straightforward, but applying it to a real-world paycheck that includes overtime, tips, bonuses, or multiple jobs can be far more complicated. Even minor calculation errors can significantly reduce the benefits you receive during your recovery period.
What Benefits Replace Lost Income?
Lost wages are rarely the only cost when a serious injury keeps you home. New Jersey workers’ compensation provides several types of payments, each one tied to a different stage of your recovery and your long-term health:
- Temporary total disability
- Permanent partial disability
- Permanent total disability
- Death benefits for dependents
Temporary disability benefits are available for the weeks you are unable to work. Permanent benefits are determined after a doctor measures the lasting effects of your injury, including how much function of a body part you have lost. If a workplace injury is fatal, dependents may qualify for death benefits.
How Is Your Weekly Check Calculated?
Temporary checks are not based on guesswork. Under New Jersey’s workers’ compensation law, N.J.S.A. 34:15-12, you receive 70% of your average weekly wage, capped at a statewide maximum and floored at a statewide minimum set each year.
Your average weekly wage is the heart of the calculation, and it should include overtime and certain extras, not just your base rate. When an insurer lowballs that number, every subsequent weekly check shrinks along with it.
Why Two Similar Injuries Pay Differently
Two workers in Newark with the very same diagnosis can still walk away with very different permanent awards. Several different factors decide how a lasting injury finally translates into the dollars listed on an award:
- Which body part was injured
- Degree of lasting impairment
- Your age and occupation
- Your wages before the injury
The law assigns different values to specific body parts, so a hand injury and a back injury are assessed differently. Your occupation and earnings before the injury also influence the outcome, as awards are intended to reflect the long-term costs you face.
Make Sure Your Essex County Benefits Add Up
Numbers on a benefits notice may seem straightforward, but our firm carefully reviews the calculations behind every figure. An incorrect wage or disability rating can significantly reduce the benefits owed to an Essex County worker.
Call (856) 460-5805 or contact our Essex County workers’ compensation lawyer online.