Legal Question in Workers Comp in New Jersey
Still out and checks stopped
I have been on workers comp for a year now,I have been getting WC checks through my employer and had PT and then an operation,then more PT with alot of pills in between.
In NJ once you reach your anniversary date the WC checks reduce to 70%.Because of this,my employer being concerned that I may need more money decided to issue me checks using my vacation days and the WC check I received has to be sent back. I'm just concerned as to whether this is the right course of action to take.Needless to say I had to cash one vacation paycheck to pay the bills. I have not had any problems with the insurance company up until now and I'm concerned about my WC status.Thankyou in advance for your timely response.
1 Answer from Attorneys
Re: Still out and checks stopped
I am a little confused as to what your current status is. In NJ workers compensation, if you are out of work due to a work related injury and have not received a permanent disability award yet, then you are still out on workers compensation temporary disability. This equals 70% of your regular pay when you went out on disability. If you have been receiving a higher amount than this in temporary disability, then you have been overpaid. Also, if you receive a regular paycheck or a sick time or vacation paycheck when you are out on temporary disabililty, then you have to pay the temporary disability check back AND you run the risk of having your temporary disability cut off completely. On the other hand, if you have already received a permanent disability award, then receiving a regular/sick time/vacation paycheck does not have any effect on the workers compensation checks you receive, since the permanent disabilty checks are calculated completely differently than temporary disability checks. I am an attorney who has handled hundreds of workers compensation cases in various workers compensation courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please call me at 908-272-0111 to talk to me about your case. There is never any charge for simply talking to me about a case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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