July 21, 2020
What Are My Rights If Workers’ Comp Places Me On Light Duty?
When a New Jersey worker gets hurt on the job, after receiving medical care by an authorized doctor, the doctor may approve you to return to work, however, restricted solely to “light duty.”
If the authorized workers’ comp doctor places you on light duty, you should contact your employer to see if they can accommodate the restrictions. If your employer cannot accommodate the restrictions, you are allowed to remain out of work and continue to receive temporary disability benefits. If your employer can accommodate the restrictions, then you should return to work, yet make sure that your employer follows the restrictions as directed by the doctor. If not, you should contact the workers’ compensation carrier and let them know. You should also seek out an experienced workers’ compensation attorney who can help you make sure the restrictions are enforced.
If a worker is injured on the job in New Jersey, the worker is entitled to receive temporary disability benefits if the worker is not able to return to work due to the injury, which is an amount equal to 70% of the average gross weekly wage that is calculated using the wages of the 26 weeks prior to the accident. However, a worker is often able to return to work on light duty with restrictions, yet sometimes due to the restrictions, a worker is only able to work reduced hours instead of a full work week. In these circumstances, the worker receives pay for the work performed and if that pay does not equal the 70% threshold, the workers’ comp carrier will supplement the worker’s income and issue payments to bring the worker’s pay equal to 70% of the workers’ average weekly wage; i.e., the amount the worker is entitled to receive as temporary disability benefits. It is important to speak to an experienced New Jersey Workers’ Compensation attorney, to ensure your rate for temporary disability benefits is correct.
Get a Free Case Evaluation from Our Team of Experienced New Jersey Workers’ Compensation Claims Lawyers
If you are injured at work, it is very important that your rights are protected. The Todd J. Leonard Law Firm has over 35 years of experience handling workers’ compensation claims, and all types of serious personal injury accidents, including wrongful death claims. Todd J. Leonard is Certified by the Supreme Court of New Jersey as a Certified Civil Trial Attorney, and has successfully handled all types of serious accidents, representing thousands of clients throughout New Jersey. Our attorneys will fight for your rights, which includes getting the medical treatment you need, any wages you are legally owed, and compensation for your injuries. Additionally, our team of trial lawyers will be in contact with your employer’s insurance carrier to ensure you receive timely authorization for your medical treatment, and when you can return to work, if at all.
There are strict time limitations to file your workers’ compensation claim and third party lawsuit. Please give us a call today at (973) 920-7900 to request a Free, Confidential Consultation. There is never a fee unless we obtain a recovery. We have offices conveniently located in Denville and Morristown.