An employee is injured while doing their job, suffering a minimally fractured ankle. This injury causes them to be out of work for four weeks and on light duty for another six weeks. A claim is filed with the employer’s workers compensation insurance, which sends the employee to an authorized orthopedic doctor.
The insurance company covers the medical bills and provides temporary disability payments, amounting to 70% of the employee’s wages. But once the insurance company pays for medical expenses and temporary disability, is it done? The answer is no.
Even after receiving temporary disability payments and medical coverage, injured workers might still be entitled to additional benefits, including permanent disability compensation. At Portnoi Law, we understand the complexities of the workers’ compensation system and are dedicated to helping injured employees in Red Bank, NJ secure all the benefits they are entitled to.
An injured worker may not be aware that they are entitled to a permanent disability award unless they have an experienced Red Bank Workers’ Compensation Lawyer. If you do not pursue a permanent disability claim, you might forfeit the compensation you are rightfully owed. The employer and insurance company have already been assessed for the injury and paid medical and temporary disability benefits. However, if no permanent disability claim is made, the insurance company benefits by avoiding additional payments.
Without proper legal guidance, workers may not receive all the compensation they are entitled to under New Jersey’s workers’ compensation laws.
At Portnoi Law, our team of experienced Red Bank Workers’ Compensation Lawyers is dedicated to securing the compensation you deserve. We will guide you through every step of the process, from filing claims to negotiating permanent disability benefits. If needed, we will represent you in front of a Workers’ Compensation Judge to ensure your rights are protected.
New Jersey’s workers’ compensation system is based on functional loss. If an employee suffers a permanent loss of function, they are entitled to permanent disability compensation. The state has a disability chart that is updated annually, accounting for inflation. This chart specifies the number of weeks an employee is entitled to compensation based on the type and severity of the injury.
In the case of a minimally fractured ankle, for example, the employee would likely be entitled to a permanent disability award, though it may be a percentage of the foot’s total disability. This percentage is determined by a Workers’ Compensation Judge or negotiated between attorneys representing the injured party (Petitioner) and the employer’s insurance company (Respondent).
Unlike wage loss states like New York, New Jersey compensates employees based on their functional loss rather than the potential future wage loss caused by the injury. In wage loss states, employees may receive different compensation amounts for the same injury, depending on their ability to continue working in their occupation. For example, an accountant with a fractured ankle may not be entitled to permanent disability compensation, while an ironworker with the same injury could receive a significant permanent disability award.
New Jersey’s functional loss approach ensures more uniformity in compensation for injured workers, treating employees fairly across different professions.
Have questions about your workers’ compensation claim or need legal representation? Call Mitchell Portnoi at 908-228-8800 for a consultation. Our team is ready to help you navigate the complexities of the workers’ comp system and ensure you receive the full benefits you’re entitled to.
