General FAQs

Welcome to our Orthopedics Practice Workers’ Compensation Guide! This resource aims to offer a comprehensive overview of workers’ compensation concerning orthopedic injuries. It is essential to recognize that this guide is not a replacement for professional advice.

For more specific information tailored to your situation, we recommend visiting the official workers’ compensation portal. This portal provides the latest regulations, forms, and additional resources, ensuring access to the most current and accurate information.

Your well-being is our priority, and we trust this guide serves as a helpful starting point for understanding workers’ compensation in the context of orthopedic care.


General FAQs

Question: Is a written notice necessary when informing the employer?

Notification of Injury to Employer: You are required to inform your employer promptly. This notification can be given verbally to the foreman, supervisor, personnel office, or any authoritative figure at the workplace, and written notice is not obligatory.


Question: Who can choose the healthcare provider for work-related injuries under NJ Workers’ Compensation law?

Medical Treatment Request: If you require medical treatment, it is crucial to request it from the employer without delay. It’s important to note that, according to NJ Workers’ Compensation law, the employer or their insurance carrier holds the authority to select healthcare provider(s) for treating work-related injuries.


What should be done if information on insurance coverage is not posted at the workplace?

Contacting Insurance Carrier and Filing a Claim: Consider reaching out directly to the insurance carrier or, as an alternative, file a claim with the Division. Information on insurance coverage should be visibly displayed at the workplace. If not, it can be obtained from the Compensation Rating & Inspection Bureau. If you opt to file a claim, seeking legal advice from an attorney is advisable.


What steps can you take if you disagree with the determination made by the insurance carrier regarding your Workers’ Compensation benefits eligibility?

Investigation and Claim Filing Process: Your employer’s Workers’ Compensation insurance carrier or the employer, if self-insured, will investigate your claim. If dissatisfied with their decision, you retain the right to file a claim with the Division through an informal hearing application or a formal claim petition.


What actions can be taken if an employee feels they were terminated due to filing a Workers’ Compensation claim?

Workers’ Compensation Statute and Termination: The Workers’ Compensation statute prohibits employee termination in retaliation for filing a Workers’ Compensation claim. If termination occurs for these reasons, a discrimination complaint can be filed against the employer with the Division of Workers’ Compensation.


What options are available if termination is based on a disabling condition unrelated to Workers’ Compensation benefits?

Americans with Disabilities Act (ADA) Recourse: If termination is not linked to efforts for securing Workers’ Compensation benefits but is due to a disabling condition, potential recourse may involve claiming a violation of the Americans with Disabilities Act (ADA). Complaints or information about ADA can be directed to the Equal Employment Opportunity Commission.


How long can an individual receive temporary disability benefits if they continue to receive authorized medical care?

Temporary Disability Benefits: In a situation where an individual hasn’t returned to work and is receiving authorized medical care, temporary disability benefits should continue until the date determined as the maximum medical improvement by the authorized healthcare provider.


Are Workers’ Compensation benefits impacted if the injury occurred during a part-time job?

Part-Time Job Injury and Workers’ Compensation Benefits: No, Workers’ Compensation benefits will be based on the part-time job where the injury occurred, given that the individual was injured during that employment.


Are Workers’ Compensation benefits subject to taxation?

Taxation of Workers’ Compensation Benefits: Workers’ Compensation benefits are not taxable under the NJ Gross Income Tax law NJSA 54A:6-6.


Why is a credit provided for amounts recovered from a third party in a work-related injury case?

Credit for Third-Party Recovery: The employer and/or their insurance carrier are entitled to a credit for amounts recovered from a third party causing a compensable work-related injury. The purpose is to prevent the recovery of duplicate benefits for the same injury and disability.


What is the mission of the New Jersey Division of Vocational Rehabilitation Services?

Division of Vocational Rehabilitation Services: The mission of the New Jersey Division of Vocational Rehabilitation Services is to enable individuals with disabilities to achieve employment outcomes. The Division provides assistance to individuals with disabilities encountering difficulties in finding or retaining employment.


What additional benefits are provided to a minor if employed in violation of child labor laws and suffering a work-related injury?

Benefits for Disabled Minors: A minor who suffers a disability due to a work-related injury is entitled to the same benefits as any other employee. However, if the minor was employed in violation of child labor laws, benefits for temporary disability, permanent disability, or death are double the amount typically awarded.