Cherry Hill Workers’ Compensation Claims

If you have been injured at your place of employment, you may be able to make a Cherry Hill workers’ compensation claim. However, before making a claim, you should understand the circumstances which may allow you to receive compensation or prohibit you from receiving compensation. It is strongly recommended to speak with an experienced attorney before taking action. Contact a Cherry Hill lawyer if you wish to learn more about Cherry Hill workers’ compensation claims.

Relationship Between Workers’ Compensation & a Person’s Wage

Once the carrier establishes the average weekly wage, the temporary benefits would be 70% of that number. However, there is a cap. Every year, there is a maximum amount that would be owed. The maximum amount for 2017 is $896. For example, if a person had a very high-paying job and made $3,000 a week and then was collecting temporary benefits, they would not get 70% of $3,000, they would hit the cap and they would only get $896 per week.

For people in high-paying jobs, being out on workers’ compensation may not be ideal. They could potentially earn less money every week than they would have if they were working. It is much more beneficial to people who have lower-paying jobs. A person who earns $500 per week, when they are out on workers’ compensation, may potentially earn $350 per week which is closer to their take-home pay, whereas an individual earning $3,000 per week may earn $896.

Workers’ compensation in Cherry Hill is regulated both publicly and privately. People who work for the state or for any government agency could be considered publicly regulated and people who work for any other company that is a privately held company would be privately regulated.

Private Sector Companies vs. Federal Sector Companies

Similar to the differences between the states, there are different laws for federal workers’ compensation. Workers’ compensation law that is dealt with by a Cherry Hill workers’ compensation usually involves state law and the Workers’ Compensation Act of the State of New Jersey. For federal employees, there is a federal workers’ compensation that is completely different and those cases are dealt with at a different level. They are dealt with in federal court, not in state court.

Receiving Both Workers’ Compensation & Unemployment Benefits

In order to collect unemployment benefits, a person must swear to the unemployment office that they are ready, willing and able to work. That is the opposite of workers’ compensation because, in order to collect workers’ compensation benefits, they have to have an injury on the job and be unable to work. Someone cannot be able to work and unable to work at the same time.

If a Cherry Hill workers’ compensation claim, for whatever reason, is denied but the injured worker disagrees and still believes that they are unable to work, rather than collecting unemployment, in New Jersey, they would be better served by applying for state temporary disability benefits which is a similar benefit to unemployment. It is in the same pocket or the same pool of money where unemployment benefits come from, but it is unemployment for people who cannot work.

When applying for state temporary disability benefits, a person should have a doctor sign a certification that they are unable to work. If they do collect those benefits and still pursue the workers’ compensation case, there is an offset that may eventually occur. In other words, whatever the state pays in the state temporary disability benefits, they could ask the worker to sign a document that says if they go out and collect workers’ compensation benefits, they are obligated to repay the state temporary disability benefits that they already collected. It creates a lien on a Cherry Hill workers’ compensation claim that has to be repaid when the workers’ compensation case resolves.