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.

 

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Steven P. Lombardi, Esq 

 

973-921-2860

 

Rate Charts 

 

2002    2002 New Jersey Workers Compensation Permanency Chart 

2003    2003 New Jersey Workers Compensation Permanency Chart 

2004    2004 New Jersey Workers Compensation Permanency Chart 

2005    2005 New Jersey Workers Compensation Permanency Chart 

2006    2006 New Jersey Workers Compensation Permanency Chart 

2007    2007 New Jersey Workers Compensation Permanency Chart 

2008    2008 New Jersey Workers Compensation Permanency Chart 

2009    2009 New Jersey Workers Compensation Permanency Chart 

2010    2010 New Jersey Workers Compensation Permanency Chart 

2011    2011 New Jersey Workers Compensation Permanency Chart 

2012    2012 New Jersey Workers Compensation Permanency Chart 

2013    2013 New Jersey Workers Compensation Permanency Chart 

2014    2014 New Jersey Workers Compensation Permanency Chart 

2015    2015 New Jersey Workers Compensation Permanency Chart 

2016    2016 New Jersey Workers Compensation Permanency Chart 

2017    2017 New Jersey Workers Compensation Permanency Chart 

2018    2018 New Jersey Workers Compensation Permanency Chart 

2019    2019 New Jersey Workers Compensation Permanency Chart 

2020    2020 New Jersey Workers Compensation Permanency Chart 

2021    2021 New Jersey Workers Compensation Permanency Chart 

2022    2022 New Jersey Workers Compensation Permanency Chart

2023    2023 New Jersey Workers Compensation Permanency Chart 

 

 

 

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.

 

 

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Steven P. Lombardi

318 Main Street

Suite 101 B

Millburn, NJ 07041

 

Phone:

973-921-2860

 

Fax:

(862)206-8021

 

Email:

steven@

lombardilawfirm.com

 

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MONMOUTH COUNTY OFFICE

 

 

Atlantic Highlands NJ 07716

 

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