Modification of Workers’ Compensation Benefits In New Jersey
Most New Jersey compensation claims involve a loss-of-wage-earning-capacity analysis, and benefits are paid for the wage loss. The New Jersey Workers’ Compensation Act provides a method for modifying the benefits if circumstances change after a compensation order is issued. If your incapacity to work has changed since you were awarded benefits, you should immediately contact a workers’ compensation attorney in New Jersey to see if you are eligible for a modification.
The Law For Modifying Workers’ Compensation Benefits
If you were injured at work and your physical condition worsens or deteriorates over time, you can seek modification of your compensation benefits to obtain additional compensation within two years of the last payment of benefits. In a petition to review and modify, your claim should be based upon a deterioration of the work-related condition from an existing award, NOT from a subsequent claim from another work-related accident.
In order to prove the worsening of your condition, your workers’ compensation attorney in New Jersey must provide a record comparing your present disability to your disability at the time of your previous worker’s compensation award. The comparison in your changed condition does not need to be made by the same doctor.
When You Need to File a Separate Claim
In some situations, it may not be clear if your given condition is due to a worsening of a prior condition or to a subsequent work-related accident. In these situations, especially if you have changed your place of employment or your employer has changed insurance companies, your workers’ compensation attorney in New Jersey may need to file a separate claim in addition to a petition for review and modification of your previous workers’ compensation award.
If your injuries have worsened or deteriorated within two years of the last payment of your workers’ compensation benefits, you should call a workers’ compensation attorney in New Jersey to help you file a petition to review and modify your existing award.
For more information or to schedule a complimentary consultation, call New Jersey workers’ comp attorney Dan Matrafajlo at (908) 248-4404.