New Jersey and Workman's Comp MMI Question

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Latest post 01-04-2012 9:01 AM by stevepsca. 2 replies.
  • 01-03-2012 4:41 PM

    New Jersey and Workman's Comp MMI Question

    I hand a work related injury which resulted in surgery and kept me out of work for over 8 monhts.  Upon reaching MMI, I was released to full duty and currently I am employed by the same employer.  I don't know if my Orthopedic Surgeon gave me an MMI rating or not but the WC Insurance company did not pay me out a lump sum.  They did pay my benefits and medical bills until I reached MMI but since than I have not heard from them.  Are they required to pay me a sum of money depending on my MMI rating?  It only has been 3 months since I was released to full duty so I believe I still have time to be entitled to something?  

     

    Thanks

  • 01-03-2012 4:51 PM In reply to

    • Kivi
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    Re: New Jersey and Workman's Comp MMI Question

    It is not a question of being at MMI. The doctor has to come up with some estimate of your percentage of impairment and/or loss of wage earning capacity and explain why he has the opinion that he has. For example, let's say that he opines that you have a 2% whole body loss or 10% loss of use of your leg. Those percentages might translate into some kind of lump sum award.

    Some states would only award a lump sum if you had a loss of wage earning capacity. I don't know the specific rule in NJ, but the fact that you returned to full duty (and presumably at same pay) with your date of injury employer, might work against you if that is the rule in your state.

    It can't hurt to have a consultation with a local WC attorney. Most of the time, any attorney fee is either paid by the carrier or deducted from your award. Ergo, it is unlikely that you would have to come up with any money out of pocket solely for an initial consultation.

    Since much of this stuff really is state specific, you might want to consult a local WC attorney for guidance. I don't believe that any follow these boards.

     

  • 01-04-2012 9:01 AM In reply to

    Re: New Jersey and Workman's Comp MMI Question

    This has been asked/answered in another board....including the statutes relative to the situation.

     The insurance company may make a voluntary payment, or they may not. If they decide to do so, they will likely send you to an examining doctor for a permanent partial disability rating and will then likely pay you the percentage of disability that their doctor gives you. However, the insurance company is not obligated to do this. If they do, their doctor will most certainly come to a disability rating that is less than you deserve. If you want to continue to represent yourself, you should accumulate your own treating medical records and get an examination with a doctor who commonly examines injured workers so that you can obtain your own permanent partial disability rating. Then you should file a formal Claim Petition with the Division of Workers Compensation. You really should hire a Workers Compensation attorney for this. It sounds like you have a bad injury. The attorney will make sure you get true value for your injury. It shouldn't cost you any money up front to hire the attorney. At the end of the case his fee would likely only be 8% of your settlement amount. Remember that the Statute of Limitations for your case runs 2 years from the date of last WC insurance payment, which for your case would likely be 2 years from the last medical treatment session paid for by he WC carrier.

    you can read the entire thread here http://www.workerscompensationinsurance.com/forum/showthread.php?46303-Have-Reached-Mmi-Now-What

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