When you are involved in a work related accident in the State of New Jersey the law forces your employer’s insurance company to pay for all related medical bills and time out of work. The monies collected by the injured worker when out of work are directly related to the average weekly wage paid by your employer prior to the accident. However, how are those wages measured?

After an accident, the employer is asked by the insurance carrier to fill out a form listing the injured worker’s wages for twenty-six (26) weeks before the accident. If your employer pays you by check, those figures are easy to verify. However, if your employer pays you in cash, the amount you may receive on a weekly basis from the workers’ compensation insurance company will be subject to question. Although an employee may enjoy receiving cash, instead of a check on a weekly basis, that same employee may not receive the appropriate benefits after a work related accident.

If you are an employee that receives cash from your employer on a regular basis, you can protect yourself by declaring these cash wages when you file your Federal and/or New Jersey State Income Tax. If this step is not taken, be prepared to have a battle on your hands regarding the amount of the temporary disability benefits paid by the workers’ compensation insurance company while you are out of work.

Finally in addition to your weekly benefits paid while you are out of work, your pre-accident wages also directly affect the amount of money you may receive for your disability once a Workers’ Compensation Judge approves a settlement. Your verified wages are of the utmost importance when you suffer a serious injury resulting in significant disability.

If you have been injured at work in New Jersey or New York talk to workers’ compensation attorneys at Ginarte, Gonzalez, & Winograd. Contact us for a free consultation to determine whether you have a case.