New_jersey Statute | Act | Code |Title 34 Labor And Workmens Compensation| US Code - US Statute

34:15-12. Schedule of payments 34:15-12. Following is a schedule of compensation: a. For injury producing temporary disability, 70% of the worker@s weekly wages received at the time of the injury, subject to a maximum compensation of 75% of the average weekly wages earned by all employees covered by the ~unemployment compensation law~ (R.S.43:21-1 et seq.) and a minimum of 20% of such average weekly wages a week. This compensation shall be paid during the period of such disability, not however, beyond 400 weeks. The amount of the maximum compensation shall be computed, determined, rounded out to the nearest dollar, and promulgated by the Commissioner of Labor on or before September 1 in each year based on said average weekly wages as of the calendar year preceding, and shall be effective as to injuries occurring in the calendar year following such promulgation. In any year in which the maximum benefit rate based upon said computation would not be increased or decreased beyond $1.00 in amount, the rate promulgated theretofore shall continue. b. For disability total in character and permanent in quality, 70% of the weekly wages received at the time of injury, subject to a maximum and a minimum compensation as stated in subsection a. of this section. This compensation shall be paid for a period of 450 weeks, at which time compensation payments shall cease unless the employee shall have submitted to such physical or educational rehabilitation as may have been ordered by the rehabilitation commission, and can show that because of such disability it is impossible for the employee to obtain wages or earnings equal to those earned at the time of the accident, in which case further weekly payments shall be made during the period of such disability, the amount thereof to be the previous weekly compensation payment diminished by that portion thereof that the wage, or earnings, the employee is then able to earn, bears to the wages received at the time of the accident. If the employee@s wages or earnings equal or exceed wages received at the time of the accident, then the compensation rate shall be reduced to $5.00. In calculating compensation for this extension beyond 450 weeks the above minimum provision shall not apply. This extension of compensation payments beyond 450 weeks shall be subject to such periodic reconsiderations and extensions as the case may require, and shall apply only to disability total in character and permanent in quality, and shall not apply to any accident occurring prior to July 4, 1923. c. For disability partial in character and permanent in quality, weekly compensation shall be paid based upon 70% of the weekly wages received at the time of the injury, subject to a maximum compensation per week of 75% of the Statewide average weekly wages (SAWW) earned by all employees covered by the ~unemployment compensation law~ (R.S.43:21-1 et seq.) and paid in accordance with the following ~Disability Wage and Compensation Schedule~ and a minimum of $35.00 per week. The amount of awards for up to and including 180 weeks shall remain at the amounts listed in the ~Disability Wage and Compensation Schedule~ until January 1, 1982. On January 1, 1982, the dollar amounts listed for the first 180 weeks in the ~Disability Wage and Compensation Schedule~ shall be replaced by the following percentages of the Statewide average weekly wage: $47-20% of the Statewide $61-26% SAWW average weekly $63-27% SAWW wages, hereinafter $66-28% SAWW referred to as ~SAWW~ $68-29% SAWW $49-21% SAWW $70-30% SAWW $51-22% SAWW $73-31% SAWW $54-23% SAWW $75-32% SAWW $56-24% SAWW $77-33% SAWW $59-25% SAWW $80-34% SAWW $82-35% SAWW In the event that the 20% limitation for attorney fees as set forth in R.S.34:15-64 is reduced to a maximum of 10% before January 1, 1982, the above schedule shall be effective within 60 days of such reduction in attorney fees. All amounts in the ~Disability Wage and Compensation Schedule~ shall be rounded out to the nearest dollar. When a claim petition alleges more than one disability, the number of weeks in the award shall be determined and entered separately for each such disability and the number of weeks for each disability shall not be cumulative when entering an award. DISABILITY WAGE AND COMPENSATION SCHEDULE Weeks of Allowable Maximum Weekly Compensation Compensation Applicable irst 90 weeks. . . . . $47 91 through 96 weeks . . $49 97 through 102 weeks. . $49 for the first 96 weeks then $51 for each remaining week 103 through 108 weeks . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for each remaining week 109-114 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for each remaining week 115-120 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for each remaining week 121-126 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for each remaining week 127-132 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for each remaining week 133-138 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for each remaining week 139-144 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for each remaining week 145-150 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for the next 6 weeks then $70 for each remaining week 151-156 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for the next 6 weeks then $70 for the next 6 weeks then $73 for each remaining week 157-162 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for the next 6 weeks then $70 for the next 6 weeks then $73 for the next 6 weeks then $75 for each remaining week 163-168 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for the next 6 weeks then $70 for the next 6 weeks then $73 for the next 6 weeks then $75 for the next 6 weeks then $77 for each remaining week 169-174 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for the next 6 weeks then $70 for the next 6 weeks then $73 for the next 6 weeks then $75 for the next 6 weeks then $77 for the next 6 weeks then $80 for each remaining week 175-180 weeks . . . . . $49 for the first 96 weeks then $51 for the next 6 weeks then $54 for the next 6 weeks then $56 for the next 6 weeks then $59 for the next 6 weeks then $61 for the next 6 weeks then $63 for the next 6 weeks then $66 for the next 6 weeks then $68 for the next 6 weeks then $70 for the next 6 weeks then $73 for the next 6 weeks then $75 for the next 6 weeks then $77 for the next 6 weeks then $80 for the next 6 weeks then $82 for each remaining week 181-210 weeks . . . . . 35% of the Statewide average weekly wages, hereinafter referred to as ~SAWW~ 211-240 weeks . . . . . 40% of SAWW 241-270 weeks . . . . . 45% of SAWW 271-300 weeks . . . . . 50% of SAWW 301-330 weeks . . . . . 55% of SAWW 331-360 weeks . . . . . 60% of SAWW 361-390 weeks . . . . . 65% of SAWW 391-420 weeks . . . . . 70% of SAWW 421-600 weeks . . . . . 75% of SAWW Said compensation shall be expressly subject to the provisions of R.S.34:15-37, and shall be paid to the employee for the period named in the following schedule (paragraphs 1 to 23 inclusive): Lost Member Number of Weeks@ Compensation 1. Thumb . . . . . . . . . . . 75 2. First finger (commonly called index finger). . . 50 3. Second finger . . . . . . . 40 4. Third finger. . . . . . . . 30 5. Fourth finger (commonly called little finger) . . 20 6. Great toe . . . . . . . . . 40 7. Toe, other than a great toe. . . . . . . . 15 8. Hand, or thumb and first and second fingers (on one hand) or four fingers (on one hand). . . 245 9. Arm . . . . . . . . . . . 330 10. Foot. . . . . . . . . . . 230 11. Leg . . . . . . . . . . . 315 12. The loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of 1/2 of such thumb or finger, and the compensation shall be for 1/2 of the periods of time above specified. The loss of any portion of the thumb or any finger between the terminal joint and the end thereof shall be compensated for a like proportion of the period of time prescribed for the loss of the first phalange of such member. 13. The loss of the first phalange and any portion of the second shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. 14. The loss of the first phalange of any toe shall be considered to be equal to the loss of 1/2 of such toe, and compensation shall be for 1/2 of the period of time above specified. 15. The loss of the first phalange and any portion of the second shall be considered as the loss of the entire toe. 16. For the loss of vision of an eye, 200 weeks. 17. For the enucleation of an eye, 25 weeks, in addition to such compensation, if any, as may be allowable under paragraph 16 of this subsection. 18. For the loss of a natural tooth, four weeks for each tooth lost. 19. For the total loss of hearing in one ear, 60 weeks. For the total loss of hearing in both ears by one accident, 200 weeks. 20. The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or any two thereof as the result of any one accident, shall constitute total and permanent disability to be compensated according to the provisions of subsection b. of this section. 21. Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand and amputation at the elbow shall be considered equivalent to the loss of the arm. Amputation between the knee and ankle shall be considered as the equivalent of the loss of a foot, and amputation at the knee shall be considered equivalent to the loss of the leg. An additional amount of 30% of the amputation award shall be added to that award to compute the total award made in amputations of body members, provided, however, that this additional amount shall not be subject to legal fees. 22. In all lesser or other cases involving permanent loss, or where the usefulness of a member of any physical function is permanently impaired, the duration of compensation shall bear such relation to the specific periods of time stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule. In cases in which the disability is determined as a percentage of total and permanent disability, the duration of the compensation shall be a corresponding portion of 600 weeks. Should the employer and employee be unable to agree upon the amount of compensation to be paid in cases not covered by the schedule, either party may appeal to the Division of Workers@ Compensation for a settlement of the controversy. 23. Where there is a traumatic hernia, compensation will be allowed if notice thereof is given by the claimant to the employer within 48 hours after the occurrence of the hernia but any Sunday, Saturday or holiday shall be excluded from this 48-hour period. d. If previous loss of function to the body, head, a member or an organ is established by competent evidence, and subsequently an injury or occupational disease arising out of and in the course of an employment occurs to that part of the body, head, member or organ, where there was a previous loss of function, then the employer or the employer@s insurance carrier at the time of the subsequent injury or occupational disease shall not be liable for any such loss and credit shall be given the employer or the employer@s insurance carrier for the previous loss of function and the burden of proof in such matters shall rest on the employer. e. In case of the death of the person from any cause other than the accident or occupational disease, during the period of payments for permanent injury, the remaining payments shall be paid to such of the deceased person@s dependents as are included in the provisions of R.S.34:15-13 or, if no dependents, the remaining amount due, but not exceeding $3,500.00, shall be paid in a lump sum to the proper person for burial and funeral expenses; but no compensation shall be due any other person than the injured employee on account of compensation being paid in excess of 450 weeks on account of disability total in character and permanent in quality as provided by subsection b. of this section. Amended 1939,c.287; 1942,c.97; 1945,c.74,s.5; 1950,c.175; 1951,c.105; 1956,c.141,s.2; 1962,c.57,s.1; 1966,c.126,s.1; 1979,c.283,s.5; 1990,c.122,s.1. 34:15-12.1. Employees receiving subsistence payments from Veterans Administration; special benefits Any employee receiving subsistence payments from the Veterans Administration of the Federal Government under the Act of Congress of June twenty-second, one thousand nine hundred and forty-four, known as the Servicemen@s Readjustment Act of 1944, or any act amendatory thereof or supplemental thereto, as a veteran, in connection with educational training on the job, and who obtains compensation pursuant to chapter fifteen of Title 34 of the Revised Statutes, and whose wages were less than an amount entitling the employee to the maximum rate of compensation, shall be entitled to the special benefits provided by this act upon the following conditions: (a) The accident to the employee must have occurred subsequent to July first, one thousand nine hundred and forty-six; (b) The accident must have occurred under circumstances entitling the employee to compensation under said chapter; (c) The employee@s wages must have been less than forty-five dollars ($45.00) per week; (d) The employee@s wages must have been received by him during the period for which the subsistence was paid; (e) The compensation must have included compensation for a permanent disability, either partial or total. L.1947, c. 364, p. 1174, s. 1. Amended by L.1953, c. 223, p. 1678, s. 1. 34:15-12.2. Fund from which special benefit payable Any such employee shall be entitled to receive a special benefit payable from the fund provided for by sections 34:15-94 and 34:15-95 of the Revised Statutes. L.1947, c. 364, p. 1175, s. 2. 34:15-12.3. Amount of special benefit The amount of such special benefit shall be computed by determining the difference between the amount of the compensation for such permanent disability and any temporary disability and the amount which such compensation would have been had the employee received such subsistence payments in connection with educational training as wages from his employer instead of from the said veterans administration. L.1947, c. 364, p. 1175, s. 3. Amended by L.1950, c. 342, p. 1133, s. 1. 34:15-12.4. Application for special benefits; payment Such special benefits shall be applied for, ordered paid, and payable in similar manner as other payments from said fund to employees are applied for, ordered paid, and payable. L.1947, c. 364, p. 1175, s. 4. 34:15-12.5. Retroactive effect This act shall apply to accidents occurring after July first, one thousand nine hundred and forty-six. L.1947, c. 364, p. 1175, s. 5. 34:15-12.6. Period for making application Applications for such special benefits must be made not later than within one year from the date of the last payment of compensation to the employee. L.1947, c. 364, p. 1175, s. 6. 34:15-12.7. Damage to prosthetic devices, hearing aids, artificial members; dental appliances or eyeglasses; liability Whenever as the result of an accident for which compensation is payable to any employee of any employer under article 2 of chapter 15 of Title 34 of the Revised Statutes, to which this act is a supplement, such employee sustains damage to, or destruction of, a prosthetic device, hearing aid, artificial member, dental appliance or eyeglasses, it shall be the obligation of the employer to repair or replace the same or to make payment of the cost or value thereof, upon claim made therefor, which obligation shall be in addition to the obligation for the payment of the compensation payable to said employee for injuries sustained as a result of such accident. L.1956, c. 141, p. 579, s. 10. Amended by L.1963, c. 81, s. 9, eff. June 4, 1963.

Usa-new Jersey Law Firm / Lawyers Services Provided in Usa-new Jersey :

Usa-new Jersey Divorce Laws, custody, Usa-new Jersey Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-new Jersey Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-new Jersey Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-new Jersey, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-new Jersey, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-new Jersey Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-new Jersey

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.