Temporary Total Disability

If you were injured in a work-related accident or develop a work-related illness, workers’ compensation provides benefits that can help cover your medical expenses and lost wages. In New Jersey, if your injury prevents you from working for more than seven days, you are entitled to Temporary Total Disability Benefits (TTD).

Naturally, it is worrisome and stressful if a work injury prevents you from returning to your job. You may have questions concerning how long TTD benefits run and how much they pay. The weekly maximum and minimum amounts are determined by the state and change every year, however, general benefits are two-thirds of your average weekly wage before you were injured. Temporary total disability benefits can run up to 400 weeks, at which point your situation will be re-evaluated.

You may return to your job beforehand if your doctor says you are able, or your doctor may state at some point that you have reach maximum medical improvement and that further treatment is unlikely to make a difference in your recovery. If this is true, your benefits can change from TTD to permanent total disability. TTD benefits are not considered taxable income, so you will not have to pay taxes on the compensation you receive for your injury or illness.

Calculating Average Weekly Wages

Average weekly wages are calculated based on the date the injury occurred or the date a worker developed a disability related to an occupational illness. This is an important point because tips, overtime, and the number of hours worked, as well as bonuses and commissions, can make a big difference in the amount of benefits you receive. Insurance companies will want to minimize your payments, so consulting with an experienced workers’ compensation lawyer is advisable.

Denial of TTD Benefits

If your employer or their insurer does not accept the doctor’s assessment of your injury as a TTD and wants you to go back to work, you may have to undergo an independent medical evaluation (IME) by a neutral third-party doctor. You must attend an IME if asked to do so or your benefits could be cut off. If either party disagrees with the findings by the IME, then a hearing before the New Jersey Workers’ Compensation Board may be requested. You are not required to hire a lawyer for the hearing, but a skilled and experienced workers’ compensation lawyer will know what evidence can strengthen your case for TTD benefits and will have experience dealing with such hearings.

South Jersey Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP Recovers Benefits for Injured Workers

If your workers’ compensation benefits have been denied or discontinued, contact the dedicated South Jersey workers’ compensation lawyers at Pietras Saracino Smith & Meeks, LLP. We have the knowledge and experience needed to successfully recover the benefits you are owed so that you can concentrate on your recovery. Our firm has a record of success helping injured workers appeal denied claims. To schedule a free consultation today, call us at 856-761-3773 or contact us online. From our office in Cherry Hill, New Jersey, we represent injured workers throughout South Jersey, including those in Camden, Cinnaminson, Delran, Maple Shade, and Pennsauken.

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Coronavirus COVID-19 UPDATE:
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Coronavirus COVID-19 UPDATE:

Please be advised that in accordance with Governor Murphy’s Executive Order 107, which imposed strict limitations on the operations of "brick-and-mortar" businesses and required telecommuting to the greatest extent possible, all N.J. workers’ compensation courts will continue to be closed to the public and to non-essential court personnel until April 13, 2020.

In response to overwhelming requests from the Workers’ Compensation Bar to hold non-emergent matters electronically or by teleconference, as of April 6, 2020, the following Workers’ Compensation Judges shall be designated by the N.J. Department of Labor and Workforce Development and the N.J. Division of Workers’ Compensation as essential personnel and shall report to their home vicinages for the purpose of hearing as many Workers’ Compensation matters as possible by telephonic conferencing, including all emergent matters and the following non-emergent matters, pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit:

Hon. Audrey Kernan, S.J., Atlantic City WC Courthouse
Hon. Arthur Marchand, A.S.J., Bridgeton WC Courthouse
Hon. Ingrid French, A.S.J., Camden WC Courthouse
Hon. Lionel Simon III, A.S.J., Freehold WC Courthouse
Hon. Diana Ferriero, S.J., Hackensack WC Courthouse
Hon. Jill Fader, S.J., Jersey City WC Courthouse
Hon. Glenn Kaplan, S.J., Lebanon WC Courthouse
Hon. Michael Luther, S.J., Mt. Arlington WC Courthouse
Hon. George Geist, S.J., Mt. Holly WC Courthouse
Hon. Ashley Hutchinson, A.S.J., New Brunswick WC Courthouse
Hon. Philip Tornetta, A.S.J., Newark WC Courthouse
Hon. William Roca, S.J., Paterson WC Courthouse
Hon. Maria Del Valle Koch, S.J., Plainfield WC Courthouse
Hon. Eugene Mulvaney, S.J., Toms River WC Courthouse
Hon. David Puma, S.J., Trenton WC Courthouse

The Division’s plan is to limit physical interactions in our workers’ compensation courts to the greatest extent possible and shift to the use of telephone conferencing, and if possible video conferencing for judges, attorneys, and litigants. There will be no in-person Workers’ Compensation Court proceedings (except for extremely limited emergent matters and certain ongoing motions for medical and temporary benefits and trials in which case social distancing will be enforced). Court offices will remain closed for in-person submissions. Filings will continue to be accepted electronically through COURTS On-line.

The N.J. Division of Workers’ Compensation’s number one goal is to limit the exposure and spread of the COVID-19 coronavirus to court personnel, attorneys and their staff, litigants, witnesses, and members of the public at large.

Pietras Saracino Smith & Meeks, LLP also continues to closely monitor the coronavirus (COVID-19) situation and its impact on our local community and the world at large. In accordance with Governor Murphy’s Executive Order 107, our office is closed and the members of the firm continue to work remotely. As such, the members of the firm may have limited access to information during this time. We continue to appreciate your understanding. We encourage our current clients, new clients, and fellow members of the bar to contact us via e-mail as that remains the best form of communication. All attorneys and paralegals have access to e-mail and case information. We have designated essential personnel to report to our office for the purpose of handling emergent matters only and to complete essential administrative tasks. Pietras Saracino Smith & Meeks, LLP remains committed to complying with all health and governmental regulations. Our thoughts and prayers continue to be with those most affected by this situation.