A plain-English guide to what you’re owed — and how to make sure you actually get it
When an injury takes you off the job, two questions keep most families up at night: How will we pay the bills? and Am I being paid what the law truly allows? New Jersey workers’ compensation is supposed to answer both, but the system doesn’t run on autopilot. Insurance carriers make mistakes. Wages get miscalculated. Benefits stall. That’s why having a team that treats your case like the most important one on their desk matters.
At Shebell & Shebell, LLC, we bring the same values to every case that we live by outside the courtroom: do it right, tell the truth, accept responsibility, and never stop looking for what’s fair. We combine that mindset with decades of trial-ready experience to protect your paychecks, your medical care, and your long-term compensation.
This page explains, in clear terms, how benefits are calculated in New Jersey — from your Average Weekly Wage (AWW) to Temporary Total Disability (TTD) and Permanent Partial Disability (PPD). We’ll show you what evidence matters, where insurers commonly underpay, and how to correct the record fast so you can focus on healing.
What is Average Weekly Wage (AWW)?
AWW is the foundation for most cash benefits in NJ workers’ comp. It represents your typical earnings immediately before the injury and is used to set the dollar amount of your weekly disability checks.
What counts toward AWW?
- Gross pay before taxes and deductions
- Hourly + salaried wages
- Regular overtime and differentials (when proven by pay history)
- Second job earnings in certain circumstances (especially when the injury prevents all work)
- Tips/commissions/bonuses if they are a consistent part of your earnings
How AWW is determined
Carriers often average your prior 26 weeks (or a similar representative period). But “average” does not mean “lowest possible.” If your hours varied, if you recently changed schedules, or if you took unpaid time off for reasons unrelated to work capacity (a family matter, for example), the “representative period” may need adjustment. We gather pay stubs, timesheets, union contracts, tax returns, and manager statements to confirm an accurate AWW.
Common pitfall: Excluding regular overtime or differential pay can quietly cut your checks by hundreds of dollars per week. We audit this on day one.
Temporary Total Disability (TTD): wage replacement while you’re out
If your authorized workers’ comp doctor says you cannot work at all for more than seven days, you may qualify for TTD benefits. In general, New Jersey law pays 70% of your AWW, subject to annual state minimums and maximums.
When TTD starts and stops
- Starts: after seven calendar days of disability (retroactive to day one once you cross the threshold).
- Continues while: you remain unable to work and are receiving authorized medical treatment.
- Stops: when you return to work, are medically cleared for light duty within your restrictions, or reach Maximum Medical Improvement (MMI) — the point when further significant improvement isn’t expected.
Late or missing checks
If your checks arrive late, stop without warning, or don’t match 70% of your true AWW, we file the appropriate motions with the Division of Workers’ Compensation to correct the rate, restart payments, and recover arrears. No worker should have to choose between medication and groceries because of an insurer’s delay.
Light duty, partial capacity, and the TTD rate
If your doctor allows restricted work, the employer may offer light duty. If light-duty pay is lower than your usual earnings, you may be entitled to partial wage benefits to close the gap. We verify:
- The light-duty job truly follows your medical restrictions
- The pay is calculated accurately
- You’re not being pressured to do unsafe or non-compliant tasks
When light duty is a pretext to cut your benefits or force you out, we step in.
Permanent Partial Disability (PPD): compensation for lasting harm
Once you reach MMI, the question shifts from “Can you work?” to “What lasting loss remains?” PPD benefits compensate for permanent loss of function — to a body part (scheduled losses) or system (non-scheduled). Awards are expressed as a percentage impairment and paid weekly for a set number of weeks determined by New Jersey’s schedule.
How PPD is proven
We build PPD with:
- Treating physician records documenting objective findings
- Independent medical experts who examine you and issue formal impairment ratings
- Functional evidence (what you can no longer do at work or at home)
- Vocational insights when the injury limits the kinds of jobs you can safely perform
Truth we live by: Money cannot restore health. But it is the only remedy the law permits to balance the harm and hold the system accountable. Our job is to make sure the number reflects your reality.
Understanding the “schedule” and examples
New Jersey publishes a schedule of disabilities assigning weeks of compensation to specific body parts and percentages. For example (illustrative only), a shoulder or knee impairment at 30% maps to a defined number of payable weeks. The weekly rate used for PPD is typically a statutory percentage of your AWW, with its own caps. We translate the schedule into dollars and explain what each increment of impairment means for your settlement or award.
When injuries add up: multiple body parts and non-scheduled losses
Real injuries don’t respect neat boxes. You may have a knee tear and a back strain, or a hand injury plus complex regional pain syndrome (CRPS/RSD). Multiple scheduled parts can be combined; systemic conditions (respiratory, neurological) are treated as non-scheduled. Our workers’ compensation lawyers coordinate specialists and ensure the court sees the full picture rather than a series of isolated complaints.
From PPD to PTD (Permanent Total Disability)
If your impairments, taken together, prevent you from returning to gainful employment, the case may move into PTD territory. In PTD, benefits run much longer, and the Second Injury Fund may contribute when prior disabilities combine with a new injury to make you totally disabled.
Settlements: Section 20 vs. Order Approving Settlement (OAS)
Two common resolution paths:
- Order Approving Settlement (OAS): a reopenable award if your condition worsens within the statutory period; you continue medical rights as ordered.
- Section 20: a full and final dismissal with a lump-sum payment when causation or liability is disputed.
Each path carries consequences for future care, reopening, and liens. We walk you through pros/cons so you can choose with clear eyes.
Maximizing your compensation: what we do (and why it works)
- Audit AWW using pay stubs, HR data, and schedules (including overtime and second jobs).
- Correct TTD immediately if checks are low, late, or improperly stopped.
- Build medical proof with treating records and seasoned experts to document permanent loss.
- Present your human story — how pain, function, and dignity were altered — because numbers must be anchored in truth.
- Negotiate from strength and prepare for trial if that’s what fairness requires.
Compassion means taking time to listen. Excellence means doing the hard work to make the math reflect your reality.
FAQs: AWW, TTD, and PPD in New Jersey
How is AWW calculated if my hours fluctuate?
We use a representative period that reflects your true earning pattern, not an artificially low window. We can exclude atypical dips and include regular overtime with proof.
Do I get TTD if the insurer won’t authorize treatment yet?
TTD generally requires authorized care. If treatment is stalled, we move for care and wage benefits together so you’re not left in limbo.
Can I receive PPD if I return to work?
Yes. PPD compensates permanent loss of function, not whether you returned to any job. Many clients work with restrictions and still receive PPD.
What if the carrier says my overtime “doesn’t count”?
If it’s regular and provable in your pay history, we fight to include it. Excluding steady differentials or overtime is a common underpayment tactic.
Will a Section 20 settlement stop me from reopening later?
Yes. Section 20 is full and final. If future deterioration is a concern, we explore OAS or structure the resolution accordingly.
