While suffering a workplace injury can be an overwhelming situation, know that you do not need to face it alone. A dedicated injury attorney with knowledge about disability in Cherry Hill workers’ compensation cases can aim to protect your rights and fight for the benefits you deserve. Read on to learn more about what constitutes a permanent or partial disability in Cherry Hill workers’ compensation cases, as well as the ways a lawyer could offer you their assistance today.
What Constitutes Disability in the Realm of Workers’ Compensation?
In workers’ compensation, a disability warranting a payment occurs if the injured employee cannot work at all as a result of their accident. If the authorized doctor has an opinion that the injured worker cannot work, then they will be entitled to temporary benefits. Once the employee has reached the point at which they are able to do any kind of work, then they will no longer be eligible for temporary benefits. In New Jersey, there are temporary benefits, permanent partial total disability benefits, and permanent total disability benefits.
Temporary Benefits
Temporary disability only lasts for as long as the doctors have an opinion that the injured worker cannot work anymore. One’s temporary benefits are the weekly check that is paid to the injured worker for as long as the doctors decide that he or she cannot work. These benefits are based upon 70% of an employee’s average weekly wage and are awarded for the duration that the individual must stay home recuperating from their injury.
Compensation for Total and Partial Disability
Permanent partial total disability is a loss of bodily function that is permanent in nature, but less than 100% disabling. In other words, the injured worker has restrictions on their work activities but they are still able to perform the basic work functions of their job.
There is a provision in New Jersey workers’ compensation for total disability, which means that someone is permanently disabled from all types of employment. If one’s injuries are severe enough and the doctors give an opinion that an employee is totally permanently disabled, then the injured worker can seek to obtain those benefits for the rest of their life.
The Role of State Disability
State disability in Cherry Hill workers’ compensation cases could come into play if an individual’s claim is denied. If someone is injured at work and they pursue a workers’ compensation claim, the employer or their insurance carrier may deny that the claim is compensable. In that situation, an employee may turn to applying for State Temporary Disability so they can at least find a way to survive while out of work. The state will pay those benefits as long as the injured worker can get a doctor to sign the disability form stating that they are out of work and are temporarily disabled.
The state will also ask the worker to sign an agreement asserting that if the employee is successful in recovering workers’ compensation benefits, then they are obligated to reimburse the state for any monies that they paid. They will give the benefits in an effort to help the injured worker along, but if it is ultimately determined that someone else should have paid those benefits, the law allows them to take back that compensation.
Settling a Case
Most cases aim to settle one’s permanency benefits. After an employee is examined by two separate doctors and they disagree on the extent of their disability, a skilled injury attorney will work to negotiate a resolution with the other side. After compromising on what the agreed-upon disability amount is, that agreement has to be approved by a workers’ compensation judge for the employee to receive the allowed benefits. The employee’s attorney prepares all the paperwork in the case and presents it to the judge. There is a short hearing conducted where the judge’s responsibility is to ensure that the injured workers understand the settlement, what benefits they are receiving, what rights they are giving up, and that the agreement is fair and reasonable.
If you wish to learn more about what constitutes a compensable disability in Cherry Hill workers’ compensation cases, reach out to a professional injury attorney today for your initial consultation.
Testimonials
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This team is incredible. They are friendly and knowledgeable. I appreciate everything they have done for me and would recommend them to anyone. Overall great experience
Testimonial from Paul D. -
My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
Testimonial from Pamela A. -
Thank you so much Grungo and Colarulo for helping me with my case. Special thanks to Erica Domingo, Esquire and her team. Erica Domingo and her team was very nice and helped me tremendously throughout my case like more than one year and half. They gave me the right advice and guided me through every step of my case. They gave me prompt and clear responses to all my questions. In addition, Erica and her team provided me with all the what if scenarios so that I can have a clear vison of the steps ahead.
I would definitely recommend Grungo and Colarulo.
Thanks again Erica Domingo, Esquire and her team
Testimonial from Ahmed A. -
My wife and I reached out to Grungo Colarulo in 2020 for advise on a legal matter. After a meeting with the Attorney and Paralegal, we decided to go forward with a case. This case required a lot of documentation, and expert review of the documentation which was aquired. Throughout the process, we were kept up to date monthly, and Grungo Colarulo was always responsive to any questions that we had. The entire staff at Grungo Colarulo are very professional, caring, and willing to go the extra mile. This firm is a definite recommend!
Testimonial from Patrick G. -
I left five (5) stars only because that’s as many as I could leave. If I could, I would have left 100 stars. Bob & Christine are the absolute best! My settlement far exceeded what I ever imagined. They are professional, friendly, and really listened to what I had to say. They kept me up to date with the progress of my case every step of the way. I can’t recommend them highly enough.
Testimonial from Sheila L. -
Very professional, communicates well, makes me feel like they have my best interest at heart, and overall just a great company. Christine and the whole team has been on top of everything. Would definitely recommend!! 10/10
Testimonial from Michael M. -
First and foremost I would like to thank the whole team at Grungo Colarulo!! In addition to that, Stephanie & Riley & Drenna have done such an outstanding job taking care of me in such a difficult and low point of my life. I was in a bad car accident & did not know how to move forward with what to do and how to process. Those ladies were there every step, every inch, every mile & beyond with helping me when I had no idea how to navigate. I will forever be thankful for them and for the outcome of my case! If you ever need assistance I highly recommend this practice!!! Beyond professional, helpful, precise, caring, knowledgeable & humble!!!
Testimonial from Rachel F. -
From my first phone call to the end of my case this firm was on the ball!! Always responsive and professional and kept me up to date and informed. This is my firm for any future needs!
Testimonial from Jeffrey F. -
This was my first time ever having to have a lawyer for an automobile accident. From the beginning they took care of everything. They put me at ease so I could concentrate on my medical needs. Everyone I spoke to during the process were always extremely pleasant and knowledgeable.
Thank you to Grungo Colarulo for representing me and getting the settlement you did to help me move forward. I would highly recommend Grungo Colarulo to anyone who wants outstanding legal representation.Testimonial from Pat G. -
This team has been nothing but gentle an generous. Being as this was my first time dealing with a worker’s compensation case I was lost and nervous. But the Grungo Colarulo team has made me feel as comfortable as possible. My needs were addressed with care in a timely fashion. I knew what was going on every step of the way.
Oh, did I mention, WE WON …This teams knowledge of the industry is TOP NOTCH!
Testimonial from Aminah M. -
A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
Testimonial from Mickey -
I had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
New Jersey Superior Court Judge Testimonial -
Thank you for everything. I honestly felt like you treated my son like he was your own son, for that I am grateful. I would recommend your services to anyone. Thanks for being so awesome to both of us.
Testimonial from HD -
It was a pleasure working with Bill. He constantly kept me informed. I would recommend Bill and his firm to anybody I know. They’ll be in good hands.
Testimonial from Gregory -
I had the opportunity to retain Mr. Colarulo for a vehicle accident I encountered. I give him my highest recommendation for anyone in need of an excellent Personal Injury Attorney. Not only does he have an in depth knowledge of the legal field, but he emanates a sense of trust-worthiness that makes you feel secure during the entire process. Mr. Colarulo has the knowledge, drive and enthusiasm that will get the job done for you. He comes highly recommended.
Testimonial from Denise -
Hi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
Be Well,
Testimonial from Bob
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