If you are seriously hurt or become ill while on the job (or as a result of your work), then you may be eligible for workers’ compensation benefits. This is a type of insurance that provides medical treatment and wage loss benefits to employees who have gotten sick or been injured on the job. These benefits are available regardless of fault — in other words, you don’t have to prove that your employer did something wrong in order to obtain workers’ comp benefits.
Most workers’ compensation cases end in a settlement, where the insurance company, representing the employer, agrees to pay a worker an amount of money to settle their claim. The amount that a person can expect to receive in a settlement is based on a number of factors. An experienced New Jersey workers’ compensation attorney can advocate for you to help you achieve the best possible settlement.
Factors That Influence the Value of Your Workers’ Comp Claim
If you have been injured on the job or developed an illness as a result of your work, you are likely curious about just how much compensation you will receive. The answer to this question is based on several factors.
First, the type and severity of your injury greatly influence the value of your case. While a deep cut to your finger may hurt quite a bit and prevent you from working for an extended period of time, it will typically be worth less than something like a back injury. Generally, any type of injury to your back, neck or spine will require more extensive treatment, and possibly even surgery — making it more expensive to treat, and often a longer recovery.
The severity of your injury also has an impact on case value. If you broke your arm, that is a significant injury that may prevent you from working for a period of time. However, if your arm was amputated in an industrial accident, then you are more significantly disabled given the loss of a limb.
In addition, the amount of benefits that you will receive for an injury is determined by a statutory chart set by the State of New Jersey. This chart lists a range of disabilities and the maximum benefits that can be received based on the percentage that a person is deemed disabled. The chart is updated annually, so that when a person is injured can greatly impact the amount that they receive in benefits.
Second, your weekly wage will affect the amount of disability that you will receive. It is used as a factor, along with the type and severity of the injury, in determining your workers’ compensation benefits. This factor can be particularly frustrating for people who are seriously injured and work at a low paying job, as the amount that they are able to recover will be limited as a result.
Third, if you are currently receiving benefits for loss of wages due to disability, this is a major factor in the overall value of your case. It demonstrates that your disability is ongoing, as you are unable to work. If you were able to work, you would not be receiving these types of benefits — and your case will likely be settled for less money.
Have Questions? Contact an Experienced Workers’ Comp Lawyer
Being off work due to an injury or illness can be devastating. Not only are you suffering from the pain associated with a disability, but you are living on a limited income which can make it more difficult to get by financially. Working with a skilled lawyer can help you get the benefits that you deserve for your work-related illness or injury.
Bross & Frankel represents employees across New Jersey and Pennsylvania in workers’ compensation cases, from the initial application for benefits through the final resolution of the case. With more than 20 years of experience, we know how the system works — and we’ll put that knowledge to work for you. Contact us today at (866) 860-5623 or online to schedule a free initial consultation with a member of our team.
