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

• New Jersey Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• New Jersey Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 9 of 9
  1. #1
    Join Date
    Feb 2012
    Posts
    3

    Default Motor Vehicle Accident While Working

    Dear All,

    I'm lost in the process of my case, I was injured on no fault motor vehicle accident while working. Injured my ankle which does require surgery, maybe two different surgeries. I was sent to two different WC doctors and both agreed that my only solution is surgery.
    My surgery should be taking place next two weeks I hope, and it is going to be a long recovery ( 4 to 6 months).
    It is clear to me that I will be receiving weekly compensation 70% of my gross income minus taxes of course.

    What is not clear to me is the following:
    Since I was injured at no fault motor vehicle accident what is the best way to approach this case:
    Am I entitled for compensation for pain and suffering from the other party ? and
    How does it works with WC since both doctors told me that at best my leg(ankle) will be recovered 80%, so I'm looking at %20 disability of my ankle.

    Any advice would be appreciated.

    Thank you all.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Motor Vehicle Accident While Working

    you'll receive workers compensation benefits including any permanent impairment benefits.
    if you file civil suit against the third party, you will receive whatever settlement is negotiated less the benefits paid by workers' compensation.

  3. #3
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Motor Vehicle Accident While Working

    .SH thank you for your reply.

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: Motor Vehicle Accident While Working

    Hi Vickj

    Yes you will get standard NJWC benefits. This includes Temp. Total disability benefits @ 70%. I believe this is tax exempt or is was at one time. you'll get corrective medical care, then compensation for the measurable amount of permanent disability . Use caution when entering into a 3rd party law suit when WC is concerned. You will want to consult quality personal injury lawyers, You really need to consult a lawyer on the pain and suffering recovery from 3rd party. This effects your WC settlement.

    At the moment you are in great shape providing WC does their part. Good luck with your upcoming surgery

    BUG

  5. #5
    Join Date
    Dec 2011
    Posts
    28

    Default Re: Motor Vehicle Accident While Working

    If you do not file a third party suit, eventually the comp carrier will (they have 2 years to do so) to recover their lien. If you file suit, any money you recover, the carrier is first in line to be reimbursed what they have paid out (2/3 less fees).

  6. #6
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Motor Vehicle Accident While Working

    If the accident is a no fault accident, is there much of a chance that a settlement would be reached? I would think that either party wouldn't have much of a case if there is no fault as opposed to an accident where the other party is at fault. What is the success rate of such claims?
    Jennifer - Can anyone recommend a good Indianapolis personal injury attorney for my friend?

  7. #7
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: Motor Vehicle Accident While Working

    You are discussing 2 different actions. One is the WC claim which is clearly in your favor, the other would be this no fault ins claim against the driver. Im not a personal injury lawyer nor do I follow this but from my experience no fault means just that NO FAULT. Its just a way for an ins company to NOT pay. It may not be worth it to you to go with both actions as the 3rd party action will diminish your WC benefits and in some cases you can end up with LESS comp because you filed for a 3rd party suit, after reimbursements have taken place, Much depends on the kind of ins the driver has as well as limits on benefits,and if your employer has full tort in their coverage, or at least that's how it would work if WC were not involved then if the driver doesn't have any worth you have nothing to get by suing in this manner. Also its possible if you go with both actions the only winners will be the lawyers leaving you with residuals of the injury. Im an not sure if the no fault ins company can file the 3rd party suit on your behalf to recoup payouts, this would be a question to ask when you interview your lawyers. No fault ins laws vary from state to state and it appears you have been in an auto accident with a PA driver. Pa has no fault but NJ the driver has the option of no fault auto ins. For in general info on who pays with no fault go to

    http://accident-law.freeadvice.com/a...-accidents.htm

    Dont just pick a lawyer out of the yellow pages get referrals from lawyers you have used in the past with success as well as any other IW involved in a similar case. Always contact the NJ BAr ASSO. to check credentials of lawyers you are considering

    Take this one step at a time and get your health back as fast as you can, if I were you I would discuss these actions with an 2 well experienced WC lawyers and an 2 well experienced personal injury lawyer. It would be preferred it be the same lawyer but they need to specialize in BOTH areas of law.

    The success rates vary? There are many unknown variables to say either way

    Good luck with your upcoming surgery

    BUG

  8. #8
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Motor Vehicle Accident While Working

    Dear Bug,
    Thank you for your input/help, I have completed the surgery and now I'm at home recovering. The first week after the surgery is very painful and I believe it will get better after that. Thanks again
    Vickj

  9. #9
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,995

    Default Re: Motor Vehicle Accident While Working

    Martindale.com and AVVO.com are both good tools to use to help you research lawyers. Look for high ratings on both sites. At Martindale the highest rating is AV Preeminent, and on AVVO it is 10.0.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

Similar Threads

  1. Replies: 13
    Last Post: 07-15-2010, 04:44 PM
  2. Injured in a Car Accident While Working
    By Punty in forum New Jersey
    Replies: 8
    Last Post: 12-30-2009, 10:28 AM
  3. Vehicle Totaled
    By mjb in forum Ohio
    Replies: 5
    Last Post: 01-28-2009, 04:13 PM
  4. Injured in a Vehicle Rollover Accident
    By sandy in forum Illinois
    Replies: 2
    Last Post: 05-11-2006, 04:25 PM
  5. Injured in a Motor Vehicle Accident
    By michelle in forum Ohio
    Replies: 6
    Last Post: 01-24-2005, 09:31 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer