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NJ Workers Comp Question
(03-29-2018, 08:56 PM)1171 Wrote: unless it's negotiated otherwise the fee is against all work comp benefits; back pay as well as state payments.

Your total award will count towards the fee for your lawyer. If you get SIF he will get 20% upfront of all payments he gets until he turns 65. it was 62 but they just changed that law.
The fee remains the same 20% of all award. What you got under TTD may be all yours but again the law makers were considering giving lawyers 20% of your TTD so they would be more inclined to fight for all corrective care the IW deserves. For over 100yrs they did it just for 20% of the award,(WHICH IS VERY GOOD) now they need incentive to do their job. I'd like to give them all a swift kick in the backs of their pants for that nutty idea!!!!!
We had our day in court, with Insur Co and State attorneys present at end of March. My husband testified. The issue was decided as a recommendation after my husband's testimony at the motion hearing before the Judge - that my husband was 100% disabled from work as a result of his pre accident conditions and his work injuries taken together. The Insur Co. lawyer was questioning his lower back injury as being something he received after the fall and during a subsequent car accident. She requested the records to clarify! They were sent to her immediately thereafter. She was then in negotiation with the State Attorney for a splitting of the 100% of my husband's disability award. That is what we have been waiting for since March 26th. The Judge made a recommendation after full discussion of husband's testimony, and all parties agreed that he would be 100% disabled. The attorneys are now discussing what this relative % of their responsibility towards the 100% disability should be. We were told 9 weeks which brought us to May 28th Needless to say it's almost 2 weeks after that and we haven't heard anything.
Our lawyer is telling us now that Because they MUST have that reviewed by their respective higher ups in their company or State agency, the decision review may have taken this long and that once we know, we can ask for an immediate hearing and resolve this by court order.
Or if they can’t agree then the Judge may want to continue the motion which is like a trial..in which They will try to make it about disability but our lawyer will make it about the % and who pays what!

Can anybody tell me what the likelihood of continuing the motion is on a case like this? How long it takes? The possible outcomes? My husband was injured 5 years ago and still no end in sight.
Complex litigation doesn't have a set time to get resolved. Every party has their own schedules and work loads; cases often get postponed due to conflicts in Someone's schedule. Litigation rarely follows a precise timeline.
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.

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