Thanksgiving—a time for gratitude for the many blessings we receive every day. This year, let us share our thankfulness for friends and family, and for our cherished liberties. May we gather together and share in the wondrous bounty of our world.
Archives for November 2021
The Different Types of Workers’ Compensation Settlements in New Jersey
The Advantages and Disadvantages of Section 20 and Section 22 Settlements
When you have been hurt on the job in New Jersey, and have filed a workers’ compensation claim, you can let your claim work its way through the system or you can settle your claim with your employer and the workers’ compensation insurer. As a general rule, when you settle the claim, you accept some form of cash payment/s in exchange for giving up the legal right to pursue other benefits.
In New Jersey, there are two different ways that you can settle a workers’ compensation claim: under Section 20 or under Section 22 of the New Jersey workers’ compensation laws.
- Section 20 settlements—Under Section 20, if the workers’ compensation insurance company denies or challenges any part of your claim, you can agree to give up the right to all future work comp benefits related to or arising out of your injury in exchange for a lump sum payment. Your settlement is considered to be “with prejudice,” which means that it will be final, that you cannot reopen the same claim and ask for additional benefits, even if your medical health deteriorates because of the original injury.
- Section 22 settlements—Also known as an “Order Approving Settlement,” a Section 22 settlement is available for any type of workers’ compensation claim, including ones that have been approved by the workers’ compensation insurer. Under the terms of a Section 22 settlement, a permanent disability rating (agreed on by you and the insurer) is established, and periodic payments are made based on the New Jersey schedule of payments—in some cases, those payments may be converted to an annuity. A Section 22 settlement, however, is not “with prejudice,” allowing you to seek additional benefits if your medical condition deteriorates. To do so, however, you must reopen your initial claim within two years of the final payment made under the settlement agreement.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
What Is a New Jersey Work Comp “Permanency Award”?
What Is a Permanency Award? How Is One Obtained?
When you have suffered a work-related injury in New Jersey, you have a right to seek workers’ compensation benefits, provided you can demonstrate that the injury occurred during the course of your employment. Workers’ compensation is designed to pay any medical expenses reasonably incurred as a consequence of your injury, as well as benefits to cover lost wages while you heal. But what if your injuries either prevent you from ever working again, or significantly limit the type of work you can do. That’s when you want an experienced workers’ compensation attorney to help you secure what’s known as a “permanency award.”
What Is a Permanency Award?
A permanency award is a statutory benefit, set forth in the New Jersey workers’ compensation laws, that entitles an injured worker to a specific payment for certain types of injury or loss that are expected to affect the recipient for the rest of his or her life. The injury need not be one that impacts a person’s ability to work—an award can still be made for injuries that interfere with hobbies or avocations. A permanency award may be granted for “objective loss of function.”
Unless you hire an experienced workers’ compensation attorney, it’s highly unlikely that you’ll ever know whether you may be entitled to a permanency award. Typically, when your work comp claim is approved, your employer’s workers’ compensation insurance provider will pay medical and temporary benefits, but never disclose that you might be eligible for a permanency award.
To determine the amount of a permanency award, both sides in a workers’ compensation dispute file expert witness reports. The amount of compensation is then negotiated between the parties or determined by a workers’ compensation judge in a bench trial (a trial without a jury).
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
