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New Jersey worker comp
#1
Hi everyone,

Here is my story I work for **edited by moderator - no names please** and had a fall at work. While I was replacing a line to a house my ladder had kick out from me. I was about 2 story up (just above the 2nd fl window near the roof).

I had injured my back as well as my left hand in Feb 2008. I had back pain & my left hand was swollen. WC agree to settle on the back problem only. We had settle with a stipulation that I can reopen my case within 2 years.

About 6-7 months after my settlement my back pain came back. I requested to see a doctor but got the run around. My lawyer also got the run around. Finally after over a year they agreed to reopen my case. Now I will need surgery with only a 50/50 chance or recovery. I was told that I may not be able to return to my job as a tech.

Since the closing of the first case I have received about a $8 increase. I will be out of work for 3 month after my surgery.

My questions:
1) Will I be paid at my old salary or new salary under worker comp.
2) If I am not able to return to work at all what kind of compensation will I receive.
3) Should I look at getting another lawyer? (Don't understand why it took over a year for him to get my case open again)

Thanks

 
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#2
1)disability payment calculation will be based on wages at date of injury.
2) until your condition reaches maximum medical improvement you are entitled temporary disability payments. after MMI your work status does not determine any additional payments.
3) without knowing the details I cannot comment on your attys performance. performance is measured more by the issues then the time.
talk to other attys before deciding to switch.

more information New Jersey comp benefits here
http://lwd.state.nj.us/labor/wc/workers/...index.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(02-05-2012, 04:44 PM)1171 Wrote: 1)disability payment calculation will be based on wages at date of injury.
2) until your condition reaches maximum medical improvement you are entitled temporary disability payments. after MMI your work status does not determine any additional payments.
3) without knowing the details I cannot comment on your attys performance. performance is measured more by the issues then the time.
talk to other attys before deciding to switch.

more information New Jersey comp benefits here
http://lwd.state.nj.us/labor/wc/workers/...index.html

If I am out of work for 3 month after surgery and is paid based on my earning in 2008 (date of injury) can I collect long term or short term disability? I had opt in to have the additional coverage for long term disability at work.
 
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#4

I'm not familiar with the provisions of your disability contracts and whether they exclude, include, or offset worker's comp disability payments.
you should review those coverages or contact the disability carrier for details.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(02-07-2012, 02:40 PM)1171 Wrote: I'm not familiar with the provisions of your disability contracts and whether they exclude, include, or offset worker's comp disability payments.
you should review those coverages or contact the disability carrier for details.

Thanks you have been very helpful
 
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#6
(02-07-2012, 01:50 PM)If you should be found dtotally disabled by SSA this puts you in good position to get 2nd Injury Fund Benefits This will pay you 70% of wages until you are able to earn wages equal to what you made at the time of 1st injury. You can be deemed disabled due to pain which is subjective so the State will send you to many shrinks to see if you display aqny inappropriate Illness behavior. After several Drs it comes down to what the final Dr says. So lets see how everything turns out as you will be in therapy PT  for a while but remember you will be watched the entire time in PT maybe taped as well as the employer dictates where you go. There are many traps set up In system to catch those faking or saying pain is worst than it is or its just 1 kind of iNapropriate Illness behavior you can display should you file total disability or 2nd Injury Fund   BUG  edit works weird here???  1171   sends you to the Nj Workforce site there you will find much in general information. If I were you I would do your homework on your lawyer as he seems to have difficult time doing what should be cut and dry slow but cut and dry. Court is bogged down  Call NJ BAR ASSO and check him out ask family ;lawyer as all lawyers know each other and their respective specialty areas of law they know. YOU NEED A SPECIALIST IN WC TOTAL DISABILITY LAW. Many lawyers fresh out of school do WC as most cases are cut and dry I WILL SAY THIS YOUR CASE WILL BE DIFFICULT IF u end up unable to work many severe back injuries limit your ability to sit,stand, walk, push pull and climb so a lot depend on your education as well. As you can see this gets very complex I HOPE ALL GOES WELL WITH SURGURY and you get most of your life back but it will never be the same sad 2 say In NJ you can only collect what WC says you are entitled to and during TTD while under a Drs corrective care you are entitled to 70% of your current wages a t the time of your orin  inal injury. Wrote: If I am out of work for 3 month after surgery and is paid based on my earning in 2008 (date of injury) can I collect long term or short term disability? I had opt in to have the additional coverage for long term disability at work. Yes you may collect short and or long term disability however the amounts received by your short/long term disability will be deducted from your WC benefits. Collecting both monies for the same injury is called double dipping and is not permitted in the State of NJWC law

BUG
 
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