An Employer’s Workers Compensation Insurance Carrier can make what is referred to as a “Voluntary Tender”. A Voluntary Tender provides an injured Worker with permanent disability benefits prior to a formal award or settlement in a Workers Compensation case.
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In 1996, Honorable Sylvia B. Pressler, Presiding Judge of the New Jersey Appellate Division wrote an opinion in the matter of Mendonza v. Monmouth Recycling, holding that an injured worker was not barred from receiving New Jersey Workers Compensation Benefits by the mere fact that he was out of status or as commonly referred to as “illegal”.
No. The New Jersey Appellate Division held that a Workers Compensation Judge can look beyond the terms of a contract to see if there are ground that would give the Workers Compensation Court jurisdiction. See related article on Jurisdiction. See Parks v. Johnson Motor Lines, 156 N.J. Super. 177 (App.Div. 1978). Gotkin v. Weinberg, 2 NJ 305 (1949).
If you are out seven days only, you are not entitled to weekly (temporary) disability benefits. An injured worker is entitled to 70% of his/her salary up to a maximum per week. See N.J.S.A. 34:15-14