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What is voluntary tender in workers' compensation cases?

After a serious accident in the workplace, you might find yourself unable to work but with a long wait before your workers' compensation benefits arrive. At Parisi and Gerlanc, we understand how hard it can be to go without a paycheck while you wait for a workers' compensation to be handled. In New Jersey, prior to your workers' compensation settlement, you have the choice to apply for voluntary tender.

If you become seriously injured after an accident, you might qualify for temporary disability benefits through workers' compensation. However, this might not provide sufficient funds. According to the New Jersey Department of Labor, you are entitled to these benefits until there will be no further improvement of your condition, known as maximum medical improvement, or you are able to work again. There are minimum and maximum rates between which the amount you receive must fall. Additionally, the temporary disability benefits are only 70 percent of your average weekly wage.  

For accidents that result in just temporary disability, this will be all that you are entitled to. However, if you are in a more severe accident resulting in permanent disability, you might be entitled to more benefits, including more money. However, you typically have to wait 26 weeks for this to be processed. Sometimes, your employer might choose to provide you with voluntary tender. This will be some of the amount of money you are owed upfront, before the claim is processed. It may or may not equal the amount you receive upon finalization of your claim, depending on the circumstance. Any amount provided will count towards the total amount of your workers' compensation benefit. Voluntary tender also limits the amount of fees you need to pay an attorney, saving you more money.

Voluntary tender does not work in every case. For more information about voluntary tender and workers’ compensation, please visit our web page.

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