New Jersey Worker's Compensation - Help For Injured New Jersey Workers

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  1. #1
    Join Date
    Feb 2012
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    Talking Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemploym

    hello. i had two serious work injuries in the past ten yrs or so.. my current injury happened in early 2010. In the middle of treatment, shots in my neck, i was fired from work. my atty told me to apply for temp disability. i made the decision to file for umemployment instead and my atty was angry with me but i needed the money fast and every week.. and i did not kno when this temp dis would ever kick in bec the injured workers system is ridiculous. i dont regret my decision bec unemployment has been paying me for almost two yrs now like clock work. obviously obama's money will be running out for me soon which sucks for me.

    these past almost two yrs hav been torture with pain. i hav not been on any pain meds in months bec comp refuses to help me anymore and my lawyer gives me the run around. i basically flop around all day in pain like a fish. when first injured i thought.. get the treatment, take some meds and in a year or two i can go back to work somewhere.. however what i hav realized after these last couple of yrs is.... i cant work anywhere bec the herniated discs in my neck and back and my failed surg on my leg and a few more injuries. ...

    sorry guys im trying to make this as short as possible...

    My quest is... Can i apply now for permanent disability with an attny even though i am currently earning money via unemployment checks every two weeks? Also i am currently two yrs into a lawsuit for my last injury at work.. which i hav already had my independent med evaluations months ago
    Or do i have to wait until i hav zero income to apply for permanent dis... .. Thank you, sophia

  2. #2
    Join Date
    Oct 1971
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    3,503

    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    SOPHIA
    Can i apply now for permanent disability with an attny even though i am currently earning money via unemployment checks every two weeks?
    No, you aren't disabled. You attest that you are physically able and available for full time work to get those UI checks.

    Or do i have to wait until i hav zero income to apply for permanent dis
    Diability isn't based on income.
    You don't apply for permanent disability, you qualify by being disabled.

    Tony
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  3. #3
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    Feb 2012
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    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    thank you for reply

  4. #4
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    Oct 1971
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    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    Sophia
    i cant work anywhere bec the herniated discs in my neck and back and my failed surg on my leg and a few more injuries.
    unemployment has been paying me for almost two yrs now like clock work.
    So you where lying to get unemployment?

    obviously obama's money will be running out for me soon
    Can i apply now for permanent disability
    No, you can't play the system, quit while you're ahead.

    Sorry to sound like a prick but you are being a little obvious here, ya think?

    Tony
    Last edited by tony; 02-22-2012 at 09:02 PM.
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  5. #5
    Join Date
    Jun 2011
    Location
    Morristown, NJ
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    15

    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    Sophia:

    You can receive permanent disability under NJ Workers Comp while you are receiving unemployment. However, your attorney was correct in telling you that you should not have applied for unemployment. You should call him to discuss these issues.

  6. #6
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    Oct 1971
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    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    You can receive permanent disability under NJ Workers Comp while you are receiving unemployment.
    How? You're telling me I can receive perm disability (claiming to be totally disabled) while claiming unemployment (claiming to be physically able and available for full time work)
    Explain how that works, we'll all sign up for that program.

    your attorney was correct in telling you that you should not have applied for unemployment.
    Why, you said she can collect both

    Let me be clear. The OP clearly states "i cant work anywhere"
    This isn't a case where someone has a perm disability (like an amputated finger) that prevents them from achieving a full time job.
    I would agree that it may be possible to receive the UI after your case is settled or when you become able to return to work full time.
    I would disagree that someone lying in bed with a broken back could collect unemployment, claiming to be physically able and available for full time work.
    I know to get UI they ask "Do you have any disability that prevents you from seeking working full time work"
    If the answer is yes, you are disqualified.
    You would have to lie.

    Is the reason why she shouldn't file for UI is because it kills her disability claim?
    In my book, it's called "gaming the system"
    If it's allowed by law, why play games?
    I may be wrong but if I remember right, you can't collect wage loss payments for the same pay period from two sources simultaneously, that's called "double dipping"

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
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  7. #7
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    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    Here's the rules of eligibility for New Jersey, show me where disabled people are eligible.
    Unemployment Insurance

    Unemployment compensation is an insurance benefit paid to workers who meet all of the requirements of the New Jersey Unemployment Law. You may file claims online or by telephone.
    To be eligible for Unemployment Benefits, you must:

    1. Be Able to Work: Being able to work means that you must be physically and mentally capable of working.
    2. Be Available for Work: Being available for work means that you must be ready to start work immediately. You must have transportation (car, bus, train, etc.) which would enable you to begin a job at once. Also, you must have no personal reasons which prevent you from working.
    3. Be Actively Seeking Work: This means that for each week of benefits that are claimed, you must look for work and do all that is reasonable to become employed. An active search for work is making at least three employer contacts each week while unemployed. Resumes, telephone and in-person contacts are acceptable work search methods.
    4. Keep Appointments: You may be required, from time to time, to report in-person to the One-Stop Career Center. If you do not report and/or participate in Reemployment Services, you may be held ineligible for unemployment benefits. Click here for Types of Interviews.

    http://www.learntrainwork.com/main/unemployment.asp

    Tony
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    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  8. #8
    Join Date
    Jun 2011
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    Morristown, NJ
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    15

    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    You are confusing permanent disability with total disability. They are not the same. Permanent disability is in the form of "Partial Total" disability. Assume you injure your back, have surgeries or whatever, and your case resolves for 45% of partial total, which is a very big settlement in terms of NJ WC. You get paid your perm money, likely receiving an initial lump sum payment for less than the full amount and then periodic payments until the full award is exhausted. The overwhelming majority of people who receive awards in terms of partial total return to work and get paid for their work while simultaneously receiving their perm payments. Indeed, most of them are working as of the day their case settles. Likewise, if they are not working but able to be gainfully employed, they are eligible for unemployment benefits.

    Total disability is when the court determines that, either as a result of the work accident alone, or as a combination of the work accident and prior injuries/conditions, the worker is 100% totally and permanently disabled and will never be able to return to work. Under these circumstances, the worker is not entitled to unemployment benefits and, although it gets a little complicated, if he returns to work essentially must give up his total disability payments. A very small percentage of NJ WC cases settle for total disability. From the description of this particular incident, I would be very surpised if it was one of those cases.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    my atty told me to apply for temp disability. i made the decision to file for umemployment instead and my atty was angry with me but i needed the money fast and every week.. and i did not kno when this temp dis would ever kick in bec the injured workers system is ridiculous. i dont regret my decision bec unemployment has been paying me for almost two yrs now like clock work.
    Your atty knew you were not eligible for UI....if you could not work due to your injury, you should have been paid TTD/wage replacement.
    when first injured i thought.. get the treatment, take some meds and in a year or two i can go back to work somewhere.. however what i hav realized after these last couple of yrs is.... i cant work anywhere bec the herniated discs in my neck and back and my failed surg on my leg and a few more injuries. ...
    If you know you can't work, claiming you are "ready willing able to accept suitable employment if offered", and claim UI, you are potentially committing a fraud against the State of NJ.

    You are confusing permanent disability with total disability. etc....
    You can certainly correct me if Im wrong here...but I think you are referring to claims that have been resolved/settled post IW's being released and rated by their Dr's.

    Being paid PPD indemnity, based on impairment, would not prevent an IW from working, or seeking work, where the pre injury ER did not have suitable work to offer. UI could be paid concurrently with the PPD. (PPD in most states is not considered 'wages'.)
    Or do i have to wait until i hav zero income to apply for permanent dis...
    What "disability" are you referring to?
    If SSDI, you can apply any time you feel you are "disabled" under SSA definition. Whether you are awarded benefits or not, can take a year or longer.

  10. #10
    Join Date
    Oct 1971
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    Default Re: Can I Apply for Permanent Disability While I Am Currently Earning Money Via Unemp

    I represent the injured.
    The overwhelming majority of people who receive awards in terms of partial total return to work and get paid for their work while simultaneously receiving their perm payments. Indeed, most of them are working as of the day their case settles. Likewise, if they are not working but able to be gainfully employed, they are eligible for unemployment benefits.
    You can collect UI post settlement for a later period but you can't collect the unemployment for the same pay period as you're collecting disability, it would be "double dipping"
    The OP would be committing fraud to now file for disability for the same period she was collecting unemployment.
    She'll play hell explaining why she was collecting UI for the past two years and decided to file a Comp claim when the benefits maxed out, good luck with that one.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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