If a worker gets injured or loses his or her life while performing his job, the New Jersey workers compensation laws make it mandatory for the employer to pay compensation benefits to the inured worker or his or her dependent family members (in case of death). Though the basic laws are very much similar to the laws applicable in the majority of other states, there are still several variations which you must be well aware of. Your awareness regarding your legal rights is very important when it comes to making the best use of the laws in your favor as and when needed.
In Case Of Death
If a person dies because of a job-related accident, the dependent family members have the right to claim for death benefits under New Jersey workers compensation laws. These benefits usually amount to up to seventy percent of the average weekly wage that the deceased had been earning prior to the date of the accident. The amount of money as part of this benefit is divided equally among the dependent family members. Besides these survival benefits, the employers are also liable to pay up to $3500 for funeral expenses.
Permanent Total Disability
The injured workers may also qualify for permanent total disability benefits if the injuries are so severe that they cannot return to any kind of work ever again. The initial benefit period is 450 weeks, but if the disability continues even after that, the payments will also continue. As per the New Jersey workers compensation laws, for the first 450 weeks, they get full wages that they had been earning before the date of the accident. After 450 weeks, they receive 70% of that average weekly wage, but this amount must not be less than 20% or more than 75% of the statewide average weekly wage. Those injured workers who have lost two major body parts because of occupational injuries or illnesses automatically qualify for permanent total disability benefits.
Burden Of Proof
There can be a situation, where you have filed a genuine claim but your employer is refusing to accept the charges. In such cases, the burden of proof will be on the employer. It will be their responsibility to prove in the court that they were not responsible for the injuries claimed. For this, they must provide convincing details to prove that they always ensured a 100% safe working environment.
The benefits offered under the New Jersey workers compensation laws are available for all types of workers whether they are working as a contract employee or as a subcontractor.