Delays In Obtaining Your Permanent Disability Award
If you have been injured during the scope of employment, you expect to get your workers’ compensation disability award as quickly as possibly in order to avert a financial disaster. However, unfortunately, delays occur at all stages of a workers’ compensation case.
Deliberate Delay
The New Jersey workers’ compensation statutes mandate a deliberate 26-week or 6-month delay after your authorized medical treatment has ended or 6 months from the date you return to work. This delay was designed to protect you from settling before the full extend of your injuries is known.
In other words, if you settle your claim before you realize the severity of your injuries, you will not be able to get the full compensation that you deserve.
Other Delays
Other factors may also result in the delay of obtaining your permanent disability award. Some of these factors include:
- Large caseloads of defense attorneys, insurance adjusters, defense doctors and courts.
- Stalling tactics utilized by the insurance company to delay the settlement of your claim and ultimately have you settle for as little as possible.
- Complications during your medical treatment.
How To Avoid Delays
In order to reduce the delay as much as possible, your New Jersey workers’ compensation attorney should:
- Promptly set up necessary examinations with appropriate physicians.
- Demand the defense attorney and insurance company to complete all necessary paper work in a time-appropriate manner.
- Attempt to settle your case as soon as your medical evaluations are in.
If the defense fails to promptly handle your claim, especially in obtaining a permanency examination, your attorney can ask the court to intervene in avoiding further delay.
Contact an Experienced New Jersey Workers’ Compensation Attorney
For more information about the delay of the receipt of permanent disability awards and how to prevent it, call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
We will schedule a complimentary consultation with one of our experienced New Jersey workman’s compensation lawyers to provide you with the information you need and assist you in getting the maximum benefits to which you are entitled. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to better serve you.