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Workers' Compensation Summary - New Jersey

New Jersey Department of Labor logo The Division of Workers' Compensation (DWC) of the Department of Labor and Workforce Development is responsible for the administration of the Workers' Compensation Law in New Jersey. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in New Jersey. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by DWC, and is believed current as of January 2011.

In New Jersey, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011.

Type of Law and Insurance Requirements

In New Jersey, workers' compensation is compulsory, and no waivers are permitted, but workers' compensation coverage may be terminated by either party upon sixty days notice in writing prior to any accident. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of ten or more employers licensed by the state as hospitals. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Agricultural workers are covered the same as all other employees.

Coverage of Domestic Employees

Any domestic worker may be covered at the election of his or her employer. (Homeowners policies must contain provisions covering domestic services.)

Medical Benefits

Employer liability ceases after $100 has been paid for medical care; employee must petition for further treatment.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 70. For weekly payments, the minimum is $211 (20% of SAWW) and the maximum is $792, 75% of SAWW. The maximum period of payments is 400 weeks.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 70. For weekly payments, the minimum is $211 (20% of SAWW) and the maximum is $792, 75% of SAWW. The maximum period of payments is 450 weeks; in some cases benefits are payable for life. After 450 weeks, if the worker has accepted prescribed rehabilitation, benefits may continue conditionally. Supplemental benefits for PTD are subject to Social Security, black lung, or disability pension benefit offsets.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 70. For weekly payments, the minimum is $35 and the maximum is $792, 75% of SAWW. For non-scheduled injuries, the maximum period of payments is 600 weeks, and the maximum payment is $475,200. Benefits are set in accordance with a wage and compensation schedule. When members are amputated, an additional 30% is added to the award.

Disfigurement Benefits

New Jersey has no specific provision for payment of disfigurement benefits.

Offset Provisions in State Laws

Section 34:15-29--Workers' compensation benefits may be offset against disability pension benefits or payments.

Section 34:15-95.4--Supplemental benefits for permanent total disability and death shall be offset by Federal survivor or disability benefits, black lung, or disability pension benefits.

Section 34:15-95.5--Reduces permanent total disability or subsequent injury benefits of individuals under age 62 by Social Security benefits where the period of disability began after December 31, 1979.

Contact Information

NJ Department of Labor
Division of Workers' Compensation
P.O. Box 381
Trenton, New Jersey 08625-0381

Phone: (609) 292-2515
Fax: (609) 984-2515

Internet: http://lwd.dol.state.nj.us/labor/wc/wc_index.html

Additional Information

The New Jersey Workers' Compensation Law -- Title 34, Chapter 15, Articles 1 to 10, Inclusive (R.S. 34:15-1 to R.S. 34:15-142) as amended and supplemented with additional legislation is available at:
http://lwd.dol.state.nj.us/labor/forms_pdfs/wc/pdf/wc_law.pdf

Rules of the Division Of Workers' Compensation are available in PDF format (requires Adobe Acrobat Reader) online at:
http://lwd.dol.state.nj.us/labor/forms_pdfs/wc/pdf/rules.pdf

Current and historical benefit rate tables are available at:
http://lwd.dol.state.nj.us/labor/wc/content/stats.html

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the NJ DOL DWC website at:
http://lwd.dol.state.nj.us/labor/wc/wc_index.html

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