Workers’ Compensation — Permanent Total Benefits

Sometimes when a work injury or illness prevents a worker from returning to any type of gainful employment, he or she may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Permanent Total benefits are paid weekly and are based upon 70% of the average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.

Permanent Total Disability is also presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of injuries that render the worker unemployable.

Temporary Disability Rate Permanent Partial Disability Total Disability Rate Death Benefits
1997 $496 max /$132 min $496 max /$35 min $496 max /$132 min $496 max
1998 $516 max /$138 min $516 max /$35 min $516 max /$138 min $516 max
1999 $539 max /$144 min $539 max/ $35 min $539 max /$144 min $539 max
2000 $568 max /$151 min $568 max/ $35 min $568 max /$151 min $568 max
2001 $591 max /$158 min $591 max /$35 min $591 max /$158 min $591 max
2002 $629 max /$168 min $629 max /$35 min $629 max /$168 min $629 max
2003 $638 max /$170 min $638 max /$35 min $638 max /$170 min $638 max
2004 $650 max /$173 min $650 max /$35 min $650 max /$173 min $650 max
2005 $666 max /$178 min $666 max /$35 min $666 max /$178 min $666 max
2006 $691 max /$184 min $691 max /$35 min $691 max /$184 min $691 max
2007 $711 max /$190 min $711 max /$35 min $711 max /$190 min $711 max
2008 $742 max /$198 min $742 max /$35 min $742 max /$198 min $742 max
2009 $773 max /$206 min $773 max/$35 min $773 max/$206 min $773 max
2010 $794 max/$212 min $794 max/$35 min $794 max/$212 min $773 max

The Second Injury Fund (SIF), which is administered by the Division of Workers’ Compensation, makes benefit payments to injured workers who are totally and permanently disabled as a result of their last work-related injury combined with the workers’ pre-existing disabilities.

The Second Injury Fund was established to encourage employers to hire disabled workers. The employer only pays for the work related aspect of the total disability award.

Contact a Certified Workers’ Compensation Attorney in New Jersey

More Workers’ Compensation information

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