A woman who was widowed due to her husband’s workplace lung ailment was allowed to file a workers compensation claim, despite the fact that her husband had already settled a workers compensation claim for the same injury. The New Jersey State Supreme Court ruled that the woman had a right to file a workers compensation claim because she never signed the initial settlement – only her husband signed the document. Her husband accepted a $36,000 settlement for the lung condition he obtained while working in construction. He subsequently died of lung cancer.
The widow had a right under New Jersey law to file a workers compensation death benefits claim, according to the ruling. The New Jersey State Supreme Court overturned the rulings of two lower courts in the matter, because the family of the man and a death benefits claim is completely different from the settlement the man agreed to initially.
New Jersey Temporary Disability
If a New Jersey employee is working for a company covered under the state’s workers compensation program and becomes disabled within two weeks of the most recent day he worked for the company, he might be covered either under a private disability plan offered by the company or by disability insurance on a New Jersey plan. To be eligible for coverage from a private plan, the individual should consult documentation included in the private plan coverage. The conditions under which such worker is eligible for coverage under the New Jersey plan include:
• Meeting certain wage requirements • Meeting medical requirements • Meeting requirements of non-duplication of benefits
In order to be considered for state benefits for temporary disability benefits in the state of New Jersey, an individual must complete Workers’ Compensation Form DS-1 and submit it to the workers’ compensation office in Trenton.
Appealing Claims
If an individual filed a claim for temporary disability coverage in New Jersey through the state workers compensation system and is denied or otherwise disagrees with any part of the decision, he has a right to appeal the award or denial. Such appeals must be filed through the workers compensation office in Trenton.
An experienced New Jersey workers compensation attorney works on behalf of those who are filing claims through the state workers compensation fund. Such a qualified New Jersey workers compensation lawyer can help an individual file the claim and can argue any appeals or any cases that need to be heard in front of authorities from the bureau.
