Permanency Benefits under Workers' Compensation
PERMANENCY BENEFITS OVERVIEW
In New Jersey Workers' Compensation Benefits are determined by reference to a Chart prepared by the Department of Labor. The charts are updated each year and are based on the wages earned by all employees of New Jersey. For a view of each years' Benefits See links below. The Charts are segregated into body parts, fingers, hand, foot, leg, arm and a catch all category of Partial Total Disability which encompasses all injured body areas outside the other chart designations such as shoulder injuries or neck and back injuries. An accumulation of injured body parts will also result in a Partial Total Disability. See the Workers Compensation Rate Charts below for your year of accident and then call our office to discuss your probable award range.
Steven P. Lombardi, Esq
TWO YEAR LIMIT TO FILE CLAIM FOR PERMANENCY BENEFITS
If a worker is injured a Formal Claim Petition to receive Permanency Benefits must be filed within two years from the date of the accident or date of last payment for treatment.
Many times an Employee is paid "Under the Table" in cash alone or in part cash payments, this has the affect of reducing the employee's Temporary Disability and Permanency Rate. However, our firm has successfully argued to raise the rate based on the cash payments made to the injured worker. This results in a substantial increase in not only Temporary Disability Benefits but also Permanency Benefits as these are also based on the injured worker's Temporary Disability Rate. If an injured Worker does not earn above the 180 Week Rate in the Charts which is 47 % of the maximum Temporary Disability Rate the worker may receive reduced permanency benefits depending on the amount of the Permanency Award.
PERMANENCY BENEFITS PAID OVER TIME
Permanency Benefits are also paid based on the number of weeks that have elapsed since the last payment of temporary disability and the amount of the Permanency Award. For example if a settlement approval or Award is made for 25 % of Partial Total Disability is made by the Court this results in a payment over the course of 150 weeks. The worker would then receive a payment of a lump sum for the amount of weeks since the Temporary Disability Ended and thereafter receive weekly payments in an amount equal to the chart payments. So if the settlement was made two years after the accident temporary disability ended a lump sum of 104 weeks would be made and then weekly payments for an additional 46 weeks thereafter.
REOPENING A CASE FOR ADDITIONAL PERMANENCY BENEFITS
Most Workers' Compensation Settlements or Awards can be reopened however a Formal Claim Petition must be filed in the Workers' Compensation Division within two years from the last payment of disability. This means the last payment of Permanency Benefits received by the Worker. A better date to keep in mind is the date of the Settlement or Award as determining the last payment date can be difficult to remember. To reopen a Case for an additional Permanency Award an increase in disability over what was previously awarded must be found to have occurred. These reopeners are difficult to prove and must be based on newly required treatment or objective evidence of an increase in disability.
Law Office of
Steven P. Lombardi
318 Main Street
Suite 200 C
Millburn, NJ 07041
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MONMOUTH COUNTY OFFICE
Atlantic Highlands NJ 07716
Appointments on scheduling