New Jersey Permanent Disability Workers’ Compensation Claims

The state workers’ compensation plan does not require you to prove fault, as it follows a no-fault method. The system aims to provide financial support, including permanent disability benefits, to residents who suffer work-related injuries or illnesses. The benefits begin after you reach the maximum medical improvement, also known as the MMI, which is a point at which further treatment will not significantly improve the condition, and a doctor deems the impairment as permanent.

The benefits help replace lost wages and cover ongoing medical services required due to the work-related injury. Contact our office today to speak with a knowledgeable lawyer and learn more about New Jersey permanent disability workers’ compensation claims.

Types of Benefits

Two primary types of benefits exist. The first is Permanent Partial Disability (PPD), which applies when a work-related injury leads to a partial, but permanent impairment, limiting your ability to perform specific tasks, but not rendering you completely unable to work. The system divides PPD into two groups.

The first is scheduled losses, specifically affecting body parts such as arms, legs, eyes, or fingers. The second is non-scheduled losses, for other body areas, such as the back, lungs, or heart.

Permanent Total Disability

Permanent Total Disability (PTD) in New Jersey covers workers’ compensation cases where the injury prevents you from returning to any form of gainful employment, making you unemployable. An example of a PTD is losing two of your major body parts, such as both arms or eyes.

It can also include a combination of injuries. The Second Injury Fund, or SIF, may also provide additional benefits if the total disability combines the current work injury with pre-existing conditions, thereby protecting companies that hire individuals with disabilities.

Eligibility for Permanent Disability

To qualify under the plan, your injury or illness must be work-related and medical evidence after MMI must document the permanent impairment. There is no requirement to prove employer fault.

For PTD, you must show that you cannot work any job or earn wages. You must file the claim within two years of the date you suffered the injury in a work accident or the last benefits payment. If your employer is uninsured, a judge may order that your claim go through the New Jersey Employers Fund, or UEF.

Duration of Benefits

The disabled individual receives PPD benefits every week for the number of weeks specified in the disability schedule, beginning after the temporary benefits end. You may have the option to obtain a lump sum through negotiations or a court order.

PTD benefits are weekly for 450 weeks, but many continue indefinitely if you can prove the ongoing inability to work. Our New Jersey attorneys are skilled in handling permanent disability workers’ compensation claims and can provide sound legal advice, support, and guidance throughout the process.

What Are the Steps to Apply?

The essential steps to take to apply for permanent disability benefits include the following:

Notifying your employer of the accident and injuries immediately
Request medical care through your employer or their insurance carrier, which files the claims through the state
File a claim for benefits, and if denied, submit a Claim Petition or Informal Hearing Application to the New Jersey Workers’ Compensation within two years
Seek help navigating the process with a lawyer experienced with permanent disability workers’ compensation claims in New Jersey

While working with an attorney is not a requirement, they can help you through the process and avoid any unnecessary denials or delays.

Speak to a Knowledgeable Attorney About Permanent Disability Workers’ Compensation Claims in New Jersey

If a work accident left you with a permanent disability, state workers’ compensation laws protect you by providing you with a process to obtain disability payments. While most employers offer the benefits, the claims system is often confusing and overwhelming.

Even what seems like a minor mistake could lead to long-term delays or denials due to error. Contact our firm soon to learn more and schedule a consultation with our practiced lawyers for help with New Jersey permanent disability workers’ compensation claims.