When you have been injured or stricken ill due to a condition at your work, you are entitled by law to receive Workers’ Compensation benefits. These include payment for cost of medical treatment related to your disability, whether permanent or temporary, partial or total. You also receive benefits for lost wages.
The temporary total disability benefits that you can receive are 70% of your average weekly salary but are not to go above 75% or below 20% of the Statewide Average Weekly Wage. These benefits will generally end when you return to work or if you have reached the maximum medical improvement (MMI). This means that your recovery has plateaued, and your medical condition is not expected to improve.
Death benefit payments are also paid at 70% of the weekly salary of the worker who has died, with the same limitations on maximum and minimum amounts as noted above. These benefits are then divided among the deceased worker’s dependents. Dependents may be defined as the surviving spouse and the natural or adopted children who were part of the person’s household at the time that he or she died. Others who are dependents may have to prove their dependency.
At the law offices of attorney Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we can answer your questions, explain your rights and represent you in a personal injury claim. Contact our office online or call us at 973-898-0161 for a free consultation. We charge no attorney fees unless I win your case on your behalf. In addition to personal injury law, we also practice criminal defense.