Facing a permanent disability can be devastating. If it is the result of someone else’s negligence, you may be able to recover compensation from the responsible party by speaking with a New Jersey personal injury lawyer with Seigel Law.
Whether you are trying to obtain NJ permanent partial disability workers’ comp benefits or permanent total disability benefits in NJ, the process can often leave you frustrated and unsure of where to go next. Workers’ compensation can be an invaluable resource, but it can take an experienced permanent disability lawyer in New Jersey to help you get the most out of what it has to offer.
Understanding Permanent Disability Under New Jersey Law
If you suffered a severe work injury that leaves you unable to gain employment, you may be eligible for permanent total disability benefits through the New Jersey workers’ compensation program. These are typically paid out when someone loses two major body parts, or a combination thereof. Qualifying injuries might include amputation or loss of function in the arms, legs, eyes, hands, or feet. A combination of other injuries preventing you from gaining work may also qualify.
New Jersey workers’ compensation laws allow you to receive weekly benefits for up to 450 weeks. However, they may continue beyond this time if you show a continued inability to obtain employment. Benefits paid after the 450-week mark offset the weekly amount computed based on 70% of your previous wages. This number cannot exceed 75% of the Statewide Average Weekly Wage (SAWW).
Permanent Partial Disability (PPD) vs. Permanent Total Disability (PTD)
Workers’ compensation rates disability level based on whether your permanent disability is partial, allowing you to work in a limited capacity, or total, preventing you from obtaining employment at all. The classification you receive largely depends on the type of injury you sustain, which body part it affects, and how it limits your ability to work.
From an insurance standpoint, Catastrophic injuries often come with higher price tags, and it can make the insurance provider more inclined to push back on permanent disability claims. However, our workplace permanent disability attorney in NJ understands that your disability is more than just a value number, and we are prepared to help you strengthen your case and advocate for the compensation you need.
How Permanent Disability Awards Are Calculated in New Jersey
Your permanent disability award is calculated based on your average weekly wage for the previous 52 weeks, the body part affected by your injury, and the functional loss as determined by the posted schedule for permanent disability awards. The applicable award schedule is usually based on the date of the accident, not the date of your claim, and may be more or less depending on the severity of the dysfunction and the part of your body affected by the injury. Injuries not on the schedule may also be subject to different durations and rates.
The disability award schedule is based on the percentage of disability for each body part. For example, suppose you suffered a major injury to your hand that left you with nerve and tendon damage affecting function in your thumb. If a physician evaluates your injury after reaching Maximum Medical Improvement and determines that you have lost 50% of function, you can expect to receive benefits for 40 weeks with a total of $12,800 in benefits for the disability.
Permanent Partial Disability Calculations
NJ permanent partial disability workers’ comp benefits allow you to recover up to 70% of your average weekly wage, with a minimum of $35, but this award period is usually assigned based on the schedule and the type of injury you sustained. However, you may have up to 600 weeks of benefits if you have a nonscheduled injury, such as back injuries or damage to internal organs.
Total Permanent Disability
Currently, for total permanent disability benefits in NJ, you can receive up to 70% of your average weekly wage with a minimum of $320 per week and a maximum of $1199 per week. The initial payment period is 450 weeks, but may be extended if you provide adequate documentation of your inability to work. If you would like to strengthen your case, you may want to speak with a Seigel Law permanent disability lawyer in New Jersey.
The Role of Maximum Medical Improvement (MMI) in Disability Claims
Maximum Medical Improvement (MMI) is a pivotal point for those seeking permanent total disability benefits in NJ, or even for those trying to navigate the NJ permanent partial disability workers’ comp process. This is the point at which your treating physician determines you are unlikely to make any more significant improvement and your condition has stabilized.
When you have reached your MMI, this is the point at which temporary disability payments will stop, and where you may begin seeking evaluation for more permanent disability benefits if you are unable to return to work at all, or at full capacity due to lasting symptoms or injuries.
Third-Party Personal Injury Claims for Workplace Disability Injuries
Workers’ compensation in New Jersey is an option for injured workers that often provides quick financial support when you need it. This is a no-fault insurance policy that will pay out without requiring the employer or employee to admit fault for what happened. However, if the responsible party is someone other than yourself or your employer, you may choose to pursue a third-party lawsuit for your damages, even while utilizing workers’ compensation benefits.
Workers’ compensation may help you obtain faster resources, but they are limited to medical costs and 70% of your AWW. A civil lawsuit will often take significantly more time than WC benefits, but also provides the opportunity to recover damages for the full amount of lost wages in addition to medical bills, related expenses, and non-economic damages like pain and suffering.
Common third parties may include another driver, a parts manufacturer, or even a contracting company. Speaking with a workplace permanent disability attorney in NJ may help you understand whether a lawsuit or standard workers’ compensation benefits are most appropriate for your case. At Seigel Law, our team has experience in a variety of practice areas to help you recover the compensation you need.
Considerations Regarding Third-Party Claims
Before you decide how to proceed with your case, you may want to consider how it may affect your existing situation if you are also collecting WC benefits. If you recover compensation from a third-party lawsuit, New Jersey statutes may give the insurance company subrogation rights that allow it to collect its financial losses from the settlement. You can discuss how this may impact your specific situation with our team at Seigel Law to learn more.
The New Jersey Second Injury Fund and How It Protects Disabled Workers
The Second Injury Fund is a state program that covers permanent total disability benefits in NJ when a workplace injury combines with a pre-existing permanent partial disability to result in total disability. The fund was created in 1923 and is financed with surcharges on workers’ compensation insurance policies. The second injury fund considers two things before accepting a worker for payments:
- Are you totally and permanently disabled?
- Is the disability the result of previous injuries or conditions in combination with the most recent workplace accident, or a result of the workplace accident alone?
The Second Injury Fund does not provide additional compensation to injured workers but is meant to shift the obligation to pay from the employer. The requirement of a pre-existing condition is meant to support employers in hiring disabled or injured workers, knowing that they might need additional support if the worker sustains further injuries at work.
How Seigel Law Fights Denied Disability Claims and Insurer Undervaluations
The insurance company often operates with the goal of paying out claims for as little as they can justify. This makes evidence and documentation critical to obtaining approval for permanent total or partial disability. If the insurance company is pushing back on your claim, our team at Seigel Law has strategies for fighting denied or undervalued claims.
We may consider several options depending on the reason or context for the denial or undervaluation, respectively. We often work with our clients to obtain additional medical evaluations, which may include seeing a specialist in your type of injury who can provide stronger evidence for your level of disability.
We may also use pre- and post-accident imaging or medical tests (if available) to demonstrate the degree of functional decline. When necessary, we will work with subject matter experts who can speak more about how your type of injury affects functioning and your ability to work.
The goal of handling a denied claim is to provide documentation to support your claim that you are unable to work and that you are serious about recovering the full value of your claim, even if it means pursuing legal action to ensure they are handling your case in good faith.
Call Seigel Law For the Support You Need to Recover the Benefits You Deserve
Whether your work injury caused your new disability, or exacerbated a pre-existing condition to the point of disability, you likely have options for recovering some or all of your losses. Adjusting to life after a catastrophic accident can be financially, emotionally, and physically taxing.
Call us today to schedule a free case consultation. When you work with a Seigel Law workplace permanent disability attorney in NJ, handling the insurance company is not something you have to do alone.
Frequently Asked Questions
We understand that so much of the stress and anxiety around dealing with workers’ compensation benefits relates to the unknown. While we cannot provide answers to every question you may have without a consultation, we like to provide resources for injury victims to learn more about what they can expect.
How long can I receive permanent total disability benefits in New Jersey?
Permanent total disability benefits in NJ are paid for an initial period of 450 weeks. However, you are able to request payments for a longer period of time if you can provide evidence that your injury still leaves you unable to work at all.
Can I still work if I receive a permanent partial disability award in NJ?
In many cases, you are able to work while receiving permanent partial disability in NJ. This type of benefit is based on the physical impairment and the degree to which you have lost function unrelated to your ability to continue working at the same capacity.
For example, if you suffered the loss of your pinky or the tip of a finger, you may need time to heal, recover, and adjust to life with your disability, but this will not necessarily stop you from being able to work.
What happens if my employer’s workers’ compensation insurance denies my disability status?
If your employer’s workers’ compensation policy denies your disability status, you have two options to appeal the decision. You may request an informal hearing, where you can go before a judge to resolve the dispute, or you can file a formal claim petition. The former option is often faster and can prevent a full trial, while the formal claim will result in a binding decision but may also require trial.
Both routes are often most successful with the help of a permanent disability lawyer in New Jersey. We have several Seigel Law locations, allowing us to support work injury victims across the state. We often help our clients by investigating the situation to identify potential gaps in documentation and submit the strongest possible application for the appeal. We also compile the documentation and complete all necessary court filings.
Can I file both a workers’ compensation permanent disability claim and a personal injury lawsuit?
You may file a permanent disability claim through workers’ compensation and a civil lawsuit against a third party. Generally speaking, you may not file a personal injury lawsuit against your employer and utilize workers’ compensation benefits, as these benefits are accepted with the agreement that neither party is responsible for the accident.
Many injured workers may choose to pursue WC to secure quick benefits and financial support while pursuing the longer process of a lawsuit or trial against a third party. The benefit of this often more complicated process is that you can often recover the full amount of your lost wages, in addition to non-economic damages such as pain and suffering.