Workers’ Compensation

By law, any work related injury must be handled through the NJ Worker’s Compensation system. This system is a “no fault” system that provides medical treatment, wage replacement and permanent disability benefits to law enforcement officers( any NJ employee) who suffer job-related injuries or illnesses. An injured officer is entitled to receive benefits regardless of who was at fault however, in almost all cases, the officer does not have the right to bring a civil action against his or her employer for pain and suffering or future wage loss. The exception is work related harm caused by someone’s intentional act, which is rare and difficult to prove.

A law enforcement officer who is injured during the course and scope of his/her employment is entitled to receive from their employer the following benefits: reasonable and necessary medical treatment; loss of wages during the period of disability; and when documented, benefits for a permanent disability. Most law enforcement officers are not aware of this last benefit and many don’t receive it.

When a job related injury or illness results in a permanent partial disability, the injured worker is entitled to receive an award for the loss of use of his or her body’s function. The injured worker has the burden to prove to the court that his or her injury is permanent in nature. This must be demonstrated by objective medical evidence. Qualifying for a permanent disability award does not mean that the injured worker is permanently totally disabled and unable to return to work. Many officers who do not understand that they can be relatively well and still qualify for a permanent disability award miss this opportunity for compensation- and they shouldn’t. It is critical for injured officers to have competent legal representation to make sure they get all the workers compensation related benefits that they are entitled to.

Usually, an injured officer is not allowed to sue his or her employer or co-worker for negligence. However, if an officer is injured by an outside party while on the job, then the injured worker potentially has a negligence claim against the third party. Since workers’ compensation awards are regulated by law, and generally not as generous as a successful negligence clam, it is important to remember that if you are injured in a work-related accident, it is important to consult with an attorney knowledgeable in both workers compensation and negligence in order to fully understand your options and protect your rights.

If the injured worker is a minor, then the New Jersey Workers' Compensation Act allows the minor to elect whether he or she wants to file a civil suit or workers compensation claim. Therefore, if a minor is injured at work, it is important to seek the advice of an attorney to determine whether to file a civil claim or to file a workers' compensation claim against the employer.

It held that tinnitus (ringing in the ears) qualifies as a compensable disability under the New Jersey Workers' Compensation Statute where the condition: (1) is due in a material degree to exposure to harmful noise at the workplace; (2) materially impairs the employee's working ability or is otherwise serious in extent; and (3) is corroborated by objective medical testing despite the mainly subjective nature of the affliction. The Appellate Court held that tinnitus can be a separate and distinct injury, even in the absence of an accompanying compensable hearing loss, if the tinnitus affects to a material degree a person’s working ability and their ordinary pursuits of life. Again, in order for tinnitus to be compensable a person’s complaints must be corroborated by objective medical evidence.