How Often Do I Receive Workers’ Compensation Checks?
If you have been injured at work, there is a good chance that you may be entitled to receive workers’ compensation for your injuries. In New Jersey, there is a specific process that you must follow in order to receive workers’ compensation benefits. After following New Jersey’s process for receiving workers’ compensation – i.e. properly filing the requisite workers’ compensation claim and the claim being approved, the question often becomes: when will you start to receive workers’ compensation benefits? The answer, as with many questions involving legal claims, is a resounding “it depends.”
Receiving The Initial Payment
In New Jersey, all employers must either have workers’ compensation insurance or be approved by the state to be considered “self-insured.” Receiving the initial payment from your self-insured employer or your employer’s insurance carrier after your workers’ compensation claim has been approved can depend on a couple important factors. The first factor to be considered when determining the time in which you should expect to receive your initial workers’ compensation check is whether you were awarded disability benefits by an official workers’ compensation judge. If this is the case, then, by New Jersey law, insurance carriers (including self-insured employers) have 60 days from the date of the award to process the initial payment. Even though New Jersey law requires insurance carriers and self-insured employers to process initial payment within 60 days of the award, the New Jersey Department of Labor and Workforce Development advises that it is more realistic to receive an initial workers’ compensation payment between six and eight weeks after you are awarded workers’ compensation benefits by the judge’s court order. However, sometimes insurance carriers or self-insured employers do not process initial payments within the requisite 60 days. If this occurs, then you may be entitled to receive simple interest on the payment in addition to the value of the payment itself.
The second factor that needs to be considered when determining how long you will have to wait to receive your first workers’ compensation check is whether, in lieu of seeking an official court order, you apply for and are awarded temporary disability benefits in lieu of permanent disability benefits. If this is the case, then you can expect to receive your initial temporary disability benefit payment within 14 days of your claim being filed. However, insurance carriers or self-insured employers are sometimes unreasonably or negligently delayed in approving or denying claims. If this occurs, then New Jersey law provides that injured workers may be entitled to receive an additional monetary award equal to 25 % of the amount of the delayed claim as well as reasonable legal fees incurred due to the delay in approving or denying the claim. According to New Jersey law, a 30 day or more delay in deciding on a temporary disability claim is presumed to be unreasonable or negligent.
Receiving Subsequent Payments
After receiving your initial workers’ compensation check, you should continue to receive checks with the same frequency in which you received your paychecks before you sustained your work-related injuries. For example, if you received bi-weekly paychecks from your employer before your injuries, then you should receive your workers’ compensation checks bi-weekly after the initial workers’ compensation check is processed. If you notice that you are not receiving subsequent workers’ compensation payments with the same frequency in which you received paychecks prior to your injuries, it is a good idea to contact a workers’ compensation attorney to determine your remedies for ensuring that you get paid in a timely fashion.
Contact an Atlantic City Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although NJ Workers’ Compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the Workers’ Comp benefits you deserve. That is why you should speak with a knowledgeable Workers’ Compensation lawyer about your situation and get guidance throughout the claims process. The experienced Workers’ Compensation attorneys at Brown Law represent clients in Egg Harbor, Atlantic City, Galloway Township, Hamilton, and all across New Jersey. Call 609-336-4144 or email us today to schedule a free consultation about your work injury case. Our main office is located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08401.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.