Qualified New Jersey Attorneys Provide Help for Permanent Disability Benefits
A serious work injury could change your life in an instant. When this happens, you may find yourself in terrible pain, unable to work or pay your bills. You might be unsure if you will ever be able to earn a decent living and provide for your family. It’s time to find out how you can successfully apply for permanent disability benefits under Workers’ Compensation.
If you or someone you love is feeling overwhelmed about how to make ends meet after a workplace accident, it’s important that you contact an experienced injury lawyer who thoroughly understands the laws of the NJ Workers’ Compensation system. The attorneys at Rudnick, Addonizio, Pappa & Casazza will work tirelessly to get you the permanent disability benefits you deserve. Contact our office today for a free consultation. There are no upfront legal fees for personal injury cases.
No Out of Pocket Legal Fees Paid in Workers’ Comp Cases
When it comes time to file for a cash settlement based on the extent of your long-term injuries, rest assured, there will be no out of pocket costs to you. The Workers’ Comp judge sets the legal fees; our firm will receive no more than 20 percent of the net settlement figure. The vast majority of that will be paid by the insurance company. Your portion will come out of your settlement figure. You have no upfront legal fees whatsoever when you choose Rudnick, Addonizio, Pappa & Casazza.
Skilled NJ Workers’ Comp Lawyers Fight for Permanent Total or Partial Disability Benefits for Injured Workers in Monmouth, Middlesex and Ocean Counties
When you are injured in a workplace accident, in most cases, you are not permitted to sue your employer. You are, however, entitled to Workers’ Compensation benefits to cover medical treatment and replacement pay, also called Workers’ Comp temporary disability benefits. You may also be awarded monetary compensation based on the severity of your long-term injuries.
When your Workers’ Comp doctor, chosen by the insurance carrier, determines you have reached “maximum medical improvement” through medical treatment provided to you, in most cases you will be sent back to work – sometimes on light duty. When this happens, your replacement paychecks will stop coming.
However, if your injuries are so severe that the Workers’ Comp doctor determines you are unable to return to work at full capacity or unable to return to work at all due to your workplace accident, you may be a candidate for partial permanent or total permanent disability. Workers’ Comp doctors aren’t so quick to recommend partial permanent or total permanent disability benefits. That’s because they are being paid by the insurance company to get you back to work as soon as possible.
Therefore, if you feel you are entitled to partial permanent benefits or total permanent disability benefits, you need to contact a knowledgeable Workers’ Comp attorney. If you’ve suffered a workplace accident in Hazlet, East Brunswick or any of the Bayshore area towns, our legal team will work tirelessly to negotiate the maximum cash award permitted by law on your behalf.
A permanent disability is considered total or partial depending on both its extent and its effect upon your ability to perform various kinds of work:
- You are said to be permanently partially disabled if a work-related accident or illness has left you with a permanent impairment that significantly reduces your ability to work.
- You are said to be permanently totally disabled if a work-related accident or illness leaves you permanently incapable of performing the duties of any occupation and there is no reasonable expectation that your medical condition will improve.
The permanence of your impairment, or the degree to which your condition may improve, are issues that are resolved by medical specialists. Since medical opinions often differ, you may have good reason to disagree with their findings. This is why we will compare the Workers’ Comp doctor’s findings with examinations completed by our trusted medical professionals. You can rest assured that the Workers’ Compensation attorneys at Rudnick, Addonizio, Pappa & Casazza will fight for your right to maximum benefits for your injuries.
Knowledgeable Workers’ Comp Lawyers Explain How Permanent Disability Benefits are Calculated in New Jersey
Workers’ Compensation is calculated based on the wages you received at your job before the injury or illness occurred. The statute of limitations for filing for permanent partial or total disability compensation expires two years from the date your Workers’ Comp doctor determines you have reached maximum medical improvement. Prior to expiration of the statute of limitations, you must file a claim for your permanent disability award. This benefit may be awarded as a cash settlement or as continuing weekly benefits. Your Rudnick Law attorney will discuss these options with you.
New Jersey assigns values to various injuries. Your benefit will be based on whether your injury is considered a “scheduled” or “non-scheduled” loss.
As of 2015, the maximum amount you can receive for permanent partial disability is $855 per week; the minimum weekly rate is $228.
Permanent total disability benefits
If you are unable to return to any type of gainful employment after your accident, you may be eligible for permanent total disability benefits. Here are the basics of permanent total disability benefits:
- Weekly benefits are provided initially for a period of 450 weeks
- These benefits continue beyond the initial 450 weeks if you can prove you cannot work
- Your rate is based upon 70 percent of your average weekly wage before the accident
- Your weekly rate cannot exceed 75 percent of the Statewide Average Weekly Wage
- Your weekly rate cannot fall below the minimum rate of 20 percent of the Statewide Average Weekly Wage
Speak with an Experienced Monmouth, Middlesex and Ocean County Workers’ Compensation Lawyer Today
The rules, procedures and regulations governing Workers’ Compensation insurance may be too complicated for many people to understand without professional legal help. The law firm of Rudnick, Addonizio, Pappa & Casazza can walk you through even the most complex case. We’ve successfully handled Workers’ Compensation cases for dozens of clients over the years to help them get the benefits they deserve. Call our lawyers to schedule your free initial consultation.
From our Hazlet and East Brunswick offices, we serve clients in and around Hazlet, Middletown, Keyport, Union Beach, Holmdel, Red Bank, Monroe, Rumson, Asbury Park, Highlands, Atlantic Highlands, Leonardo, Sea Bright and Monmouth Beach. Call today to schedule a free consultation, or fill out a contact form online.