Legal landscape note: This article was originally published in 2014 and describes the law as it stood at that time. New Jersey law changes frequently.
Injured Workers in New Jersey may be Entitled to Temporary Benefits
You were hurt on the job, the doctor says you cannot go back yet, and the paychecks have stopped. In New Jersey, a worker who misses more than 7 days of work because of a job injury is entitled to receive Temporary Disability Benefits, which under certain circumstances may be up to 70% of wages. To start those benefits, the treating medical provider should notify the employer that the worker is not cleared to return to work.
In some cases, an employer may refuse to pay these benefits to an injured worker even after a doctor concludes the worker should not return to work for a period of time. When that happens, the injured worker can file a motion before a Workers' Compensation Judge to determine whether the worker should be receiving such benefits.
Receiving temporary benefits and being unable to return to work does not, by itself, require the employer to hold the worker's job open. Depending on the size of the employer and the length of your prior employment, the employer may be required to keep the position available for a set period.
This issue often turns on the employer's internal policies, and larger employers frequently have policies that hold jobs open for longer periods.
Keep the work-status notes, benefit checks, employer notices, and medical authorization records together while temporary benefits are being paid.
New Jersey Workers' Compensation Attorney
The benefits and disability payments guide places temporary disability, authorized treatment, and permanency benefits in one sequence.