Frequently Asked Questions: New Jersey Workers' Comp

Frequently Asked Questions About New Jersey Workers Comp

Going up against the workers' compensation (WC) system in the State of New Jersey can seem like a daunting task.

The forms are complex with confusing language. Your employer may be doubtful about the extent of your injury, or whether you actually need the benefits, so they provide little help or information.

Our team of experimented New Jersey workers' compensation attorneys understands exactly what you're going through. They've gone through this entire process countless times in the past, and they're ready to fight for your rights, too.

Below, they've provided some valuable insight and responses to some of the most frequently asked NJ workers' comp questions. However, if you just suffered a work injury and want to discuss your legal options as soon as possible, fill out the form on this page or give us a call. We offer legal consultations at absolutely no charge and no obligation, so that you may get the information you need to make the right decision for yourself and your family.

NJ Workers' Comp FAQs

The links below will allow you to jump directly to the specific question you may have. Otherwise, continue scrolling to read through all of the relevant insight provided below.

How does workmans' comp work in New Jersey?

The State of New Jersey Department of Labor and Workforce Development explains that workers' comp is an insurance program which ensures that victims of work-related injuries are provided certain benefits as compensation. These benefits can range from complete medical treatment coverage to ongoing disability benefits.

Moreover, if an employee is killed while on-the-job, surviving dependents may receive help not only with burial costs but also continuous financial compensation depending on the circumstances.

Perhaps most important for victims to understand is that the cause of the injury is almost irrelevant. No matter who caused the incident, and including situations in which the employee's own carelessness resulted in an injury, they are still eligible for benefits.

In exchange for this broad and generous (albeit complicated) workers' comp coverage, workers give up the right to bring a lawsuit against their employer in a majority of cases. One of the biggest exceptions here is circumstances where an employer injures their employee with malicious intent. In these situations, a personal injury lawsuit becomes a possibility.

If you believe your employer intentionally caused your own or a loved one's work injury, contact our team as soon as possible to discuss all of your legal options.

Are WC benefits in NJ taxable?

Individuals who have qualified for WC benefits in New Jersey often wonder if the monetary compensation they are receiving is taxable. This is a very valid question, given the fact that benefits are calculated based on an employee's pre-injury wages.

Fortunately, the New Jersey Gross Income Tax Act specifically indicates that workers' comp benefits are NOT taxable. The legal text expressly indicates that benefits received "...under workmen’s compensation acts as compensation for personal injuries or sickness" may not be taxed. That is to say, they are explicitly "...excluded from gross income.”

Moreover, the benefits are not taxed under federal law, as indicated by the Internal Revenue System's Publication 525 ("Taxable and Nontaxable Income")

Can I be fired while on workers' comp in NJ?

Whether you can be fired by your employer from your job while you are receiving benefits is another complex topic.

Many factors play into this common question, including the nature of your employment. At-will workers can be fired at any time and for many reasons. Employees who are under contract have a bit more protection from sudden dismissal, though if the injury is preventing you from fulfilling the duties you were hired to do, then you could be legally discharged.

Broadly speaking, your employer cannot fire you simply because you are receiving WC benefits, or because of a disability resulting from a work injury. However, this general application of the law has many nuances attached to it which could prove vital to your case.

Due to the intricacies of New Jersey's workers' comp laws, and the massive repercussions that they can have on your financial security and that of your family, our lawyers have made their knowledge available to all via a free legal consultation.

Time is of the essence in matters relating to WC claims; contact us today to schedule your appointment.

Additional Resources

If you'd like additional information, make sure to visit our latest page: Which Workers' Compensation Benefits Exist In New Jersey?

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Date Published: February 3, 2020
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This website is by DiLeonardo Law LLC d/b/a Garden State Justice Group. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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