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Top The Temporary Disability Benefits Law protects against wage loss suffered because of inability to perform regular job duties due to illness or injury. You are required to pay disability insurance taxes and to give the Division of Temporary Disability Insurance certain information about your employees when they file claims for disability benefits.
Therefore, you should be familiar with sections of the Temporary Disability Benefits Law covering initial and continuing eligibility for benefits and the amount of benefits a claimant may receive. These provisions are essentially as listed following.
Government entities that are excluded from automatic disability insurance coverage may elect such coverage for their employees, effective January 1 of a calendar year, by filing a written notice to that effect with the Division of Employer Accounts within 30 days of January 1 of that year; that is, from December 1 through January Such coverage must be first base in dating new jersey to all employees whose employment is covered by the Unemployment Compensation Law.
An election must remain in effect for at least two full calendar years. It may be terminated as of January 1 of any year thereafter by filing written notice with the Division of Employer Accounts at least 30 days prior to the termination date.
A subject employer is automatically covered under the State Plan unless workers are covered under an approved private plan for temporary disability insurance. Top Filing Claims Disability insurance claims are processed by mail.
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The worker may apply for benefits from home or the hospital. All or some benefits may be forfeited if the claim is filed more than 30 days after the start of disability. Under the Temporary Disability Benefits Law, the average weekly wage generally is based on the base-week earnings in the eight calendar weeks immediately before the week in which the disability begins.
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The total base-week wages earned during these weeks are divided by the number of base weeks in the eight-week period to obtain the average weekly wage. If the average weekly wage used to calculate the weekly benefit amount is less than the average weekly wage that the individual earned during the 26 weeks immediately preceding the period of leave, the individual may request that the weekly benefit amount be recalculated using those 26 weeks.
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The request must be in writing to the Division of Temporary Disability Insurance. There is no provision in the law for the payment of dependency benefits to disability claimants.
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Top Total Benefits Payable The maximum amount of benefits that may be paid for each period of disability is one-third of the total wages in New Jersey covered employment paid to the worker during the base-year, or 26 times the weekly benefit amount, whichever is less.
The waiting week becomes compensable when disability benefits have been paid for all or some part of each of the three weeks immediately following the waiting week. A covered individual means any person who is employed by a covered employer at the time the disability commences, or who has been out of such employment for 14 days or less.
However, if disability benefits are paid or payable under the disability benefits law of another state, or under the federal maritime law, a claimant may still be eligible for New Jersey benefits. In this circumstance, the weekly benefit rate would be reduced by the amount paid concurrently under the other state or maritime law.
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However, Social Security retirement benefits do not reduce State Plan disability benefits. Top Medical Examinations In order to medically substantiate a claim, the claimant may be required to submit to a physical examination by a state-appointed physician. In addition, the employer may request an independent medical examination if there is good cause to suspect that the employee is not disabled.
There is no cost to the employee or the employer for the examination. Failure to submit to an examination is cause for denial of benefits.
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You are required by law to supply the requested wage information.