NJ Permanent Disability Lawyer
Workplace Accidents, Permanent Disability
Under New Jersey workers’ compensation law, if you have suffered a workplace accident or occupational disease that results in a permanent disability you are entitled to disability compensation. At the Law Office of John F. Marshall, our lawyers will help you get the benefits you deserve.
Calculating a permanent partial/full disability benefit
If you have suffered a loss such as the amputation of your fingers, a hand, or a foot in a manufacturing accident, or if you became deaf or blind as the result of a gas explosion on a construction site, your permanent disability can be clearly described. The amount of your benefit will be calculated using a chart published by the New Jersey Division of Workers’ Compensation. The chart lists body parts (hand, arm, all fingers, leg, foot, toes, eyes, and ears). Ranging from 1-100%, the percentage of loss of the use of the body part and the impact on your ability to do your job will determine the amount of compensation you are eligible to receive.
The benefit for a permanent partial disability or permanent total disability that is not on the chart (an unscheduled loss) is more difficult to calculate. Some of the most devastating workplace injuries fall into this category:
- Neck and back injuries resulting in quadriplegia, paraplegia, or some other paralysis or chronic pain
- Traumatic brain injury (TBI) resulting in permanent brain damage
- A torn rotator cuff injury, herniated lumbar disc/cervical disc, knee injury, shoulder injury, or other orthopedic or soft tissue injury
- Psychological injuries, including posttraumatic stress disorder (PTSD), depression, and anxiety
- Lung injuries and heart conditions
When representing a client with a work-related permanent disability that does not appear on the chart, we will send our client to an independent doctor for an evaluation. Then, using the evaluation of our client’s doctor and the workers’ comp doctor, our attorneys will negotiate with the insurance company to arrive at a fair value for the permanent disability claim. If the insurance company does not agree to a fair value, our lawyer will go to trial to fight for fair compensation. This is an area where you need a lawyer with the proper experience – if the doctor referral or negotiations are not handled correctly, it may permanently damage your right to receive permanent disability benefits.
Contact a lawyer about a permanent disability settlement
At the Law Office of John F. Marshall, in Monmouth County, New Jersey, our workplace accident attorneys and staff are committed to helping injured workers entitled to compensation receive fair treatment. If you have suffered a permanent partial or total disability in a workplace accident, it is important to have a lawyer to review your claim in order to see that you are being treated fairly. Please call 877-450-8301 or e-mail our office to arrange a free consultation.
Related disability claims
Our attorneys also assist clients with disabilities in filing for Social Security Disability claims and in disputes with employer-sponsored disability insurance providers.
Do you have a claim against a person other than your employer for an employment-related injury? See Third Party Claims.
Servicios del intérprete disponibles – Spanish translation services available
READY FOR LEGAL ADVICE?
Fill in the form below and an attorney will be in touch with you shortly.
CONTACT A WORKERS’ COMPENSATION LAW ATTORNEY
At the Law Offices of Jonathan F. Marshall located in Freehold, Trenton, Toms River, Paterson, New Brunswick, Jersey City, Hackettstown, and Somerville our workers compensation attorneys and staff are committed to helping employees injured on the job, whether as a result of workplace accidents or occupational diseases. If you have been injured in a workplace accident it is important to have a lawyer review your claim to see that you are being treated fairly and to ensure that you receive full compensation for your injury claim. Please call 877-450-8301 or e-mail our office to arrange a free consultation.