Can you get a settlement for a workers comp case in nj?
My neck was broken in 2 places on the job along with my ribs and a bone graph was preformed on my lower back and on top of it all i had a old injury to my lower back that was completely re-injured and is ten times worse then it ever was. I live in NJ and i’m a class A driver by trade. My attorney won’t give me a straight answer and told me that they don’t give out settlements for workers comp in NJ and i can only be paid a certain amount of weeks’. I and my family have suffered greatly and I might never be able to do my job again, I can barley tie my own shoe laces because of the pain but for some reason the comp doctor keeps telling me that i’m not in pain? I haven’t asked her for any kinda of medication because i just want to be fixed,now i fear they are doing their best to leave me crippled,can i get any kind of settlement,should i get a new lawyer?do you know any?If so around how much do you think a injury like this should be worth?
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wow, that is rediculous…of course you can get a settlement for injuries like that caused at work…your lawyer is a quack…get a new one…it would be a personal injury case and lawyers generally get about 33% of the settlement. Workers Comp can not turn thier backs on you. Fight for your rights.
it sounds like you have the wrong attorney, i hope you have filed for disability with social security. there is a group of legal experts associated with the harvard law school, i think it’s the hutchins or hutcheson institute, that can advise you on how to proceed and find an appropriate attorney from the national bar association, who can work for you on a contingency basis, taking his costs out of any settlement if he wins your case.in any event the carrier you worked for must carry insurance. call the nj state wokmans comp in nj. and the nj. state bar association, about your lawyers behavior. you may be able to file a complaint and a civil suit for damages and recovery. you are certainly entitled to other medical oppinions. workers comp physicians are notorious for favoring insurance companies and employers. seek other medical oppinions from specialists to back up your case. i would recommend an orthopedic specialist from the description of your injuries and difficulties. i wish you good luck my friend, and relief for you and your family.,,,ps. do all your research without telling anyone about it. or it might tip your opposition and screw up your case, digg !!!
You don’t get pain and suffering, if that’s what you mean.
Workers comp is limited to medical payments and lost wages. Lost wages are limited, depending on state, to two years, three years, five years, or until you turn 65.
Listen to your lawyer. He’s right.
Each state varies one what you can settle and what you cannot settle, for instance Hawaii allows you to settle your entire claim while other states like Oregon won’t let you settle medicals at all.
In your case if you can’t go back to work than you’ll qualify for vocational rehab (VR). This is basically sending you to trade school so they can teach you new things like using a computer to become a book keeper or some sort. These generally are about 2 year programs and you’ll get your weekly check as well.
What might be holding your claim is what we call “pre-existing injuries” meaning that although you did get hurt at work your pre-existing injuries is preventing you from being stable. Normally most insurance companies will fight this because it wasn’t related to work, or it was a direct result from work. It was something you already had and there will be doctors that say “Well Bill, you work injury has healed, but you pre-existing injuries is causing the rest of the problems, this part work comp will not deal with.” as bad as it sounds this might be what’s going on.
You can settle VR for an “x” amount of dollars and avoid school all together. You obviously will get a permanent partial disability/Impairment settlement out of this which means you’ll get an amount of money for a certain percentage of a loss to a certain body part, in your case a whole man. However you won’t get this money until your doctor declares you medically stationary or releases you from care, and by the sound of this it doesn’t look like you anywhere near it.
You can settle you claim, however your attorney job is to look after you as well. Be careful on what you settle for, if you still have some kind of pain and it will never go away than you might want to keep your medicals open for the rest of your life (palliative care).
Ask questions with your attorney. You hired him/her to tell you your rights, make an appointment with him and if he doesn’t call you back than find another attorney.
My husband injured his back on the job in nj, you are not titled to pain and suffering but you are entitled to lost wages and the injury itself. It will go on a sliding scale on how much of your body you damaged by percentage. You need to get a decent attorney. My husband is using Levinson and Axlerod. They are all over NJ. They will send you to their own doctors to determine the damage and you will also go to doctors through your workers comp. Then they can file suit, usually it has to be a year after the injury to determine permanent damage. I really feel for you, we racked up so many bills in the year he was out of work, we are buried in credit debt. Call Levinson.
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