Helpful Legal Articles

Both the temporary disability and unemployment programs provide “lost wage” benefits, but for very different reasons. You are generally qualified to receive temporary disability benefits if the authorized physician indicates that you are medically unable to return to work and are receiving active medical treatment. By contrast, you are only eligible for unemployment benefits if you were terminated from your…Read More

What is a Fair Settlement Value for My Permanent Partial Disability Claim? Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including: Your average weekly wage at the time of the accident. The amount of lost time from work. The…Read More

Injured workers who are totally disabled as a result of a work injury in New Jersey certainly do not live out the remainder of their lives in the lap of luxury. Their weekly benefits are capped at 70% of the average wages they were being paid at the time of the accident, with no cost of living increases. Unfortunately, many…Read More

Your attorney cannot begin the process of negotiating a settlement of your claim until the reports of all of the medical experts who performed permanency evaluations have been received. Thereafter, your attorney and the attorney for the insurance carrier will begin to discuss the nature and extent of your injuries. What Occurs During a “Pre-Trial Conference,” And Do I Need…Read More

You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division. How Is the Value of My Claim Effected by The…Read More

There are several areas of the law which may touch the lives of injured workers, but are not covered by the New Jersey Workers’ Compensation Act. The Division of Workers’ Compensation does not have any jurisdiction to decide issues which arise under these areas of the law, although decisions you make surrounding these issues may affect your workers’ compensation benefits.…Read More

The New Jersey Workers’ Compensation Act does not require your employer or the insurance carrier to provide you with retraining. If you are not ready or financially able to retire, you should make plans to start a new career. The New Jersey Division of Vocational Rehabilitation Services (“DVRS”) does provide some limited assistance. DVRS provides counseling, training, assistance with job…Read More

Generally, if you return to school on a full-time basis then you are not entitled to receive continued temporary disability benefits, on the basis that you removed yourself from the workforce for the purpose of furthering your education. However, if you are able to prove that you worked while attending college classes prior to the injury, an argument may be…Read More

Temporary disability benefits will be terminated once you have reached “maximum medical improvement” from treatment, even if you cannot return to work full duty or even to the same line of work. The New Jersey Law Against Discrimination and the federal American with Disabilities Act require employers to offer “reasonable accommodations” for your disability. A reasonable accommodation may include helping…Read More

Temporary disability benefits are, by their very nature, “temporary.” The maximum period of time that you may collect temporary disability benefits is 450 weeks (approximately 8.5 years). However, you must be under active medical treatment during this period to qualify for continued lost wage benefits. To be considered “active,” the medical treatment must help you progress towards an increase in…Read More