New Jersey Worker’s Compensation: Determining Permanent Partial Disability
New Jersey workers’ compensation law allows for disability compensation if your workplace injury or occupational disease results in permanent partial disability. This means that you are not “totally” unable to work, but have now become “partially” disabled due to a workplace accident. Your New Jersey workers’ comp lawyer can use a two-pronged test established by the New Jersey State Supreme Court to determine whether you are entitled to a permanent partial disability award.
Definition of Permanent Partial Disability
Permanent partial disability is defined under Section 36 of the New Jersey Workers’ Compensation Statute as disability that is caused by a “compensable accident or compensable occupations disease, based upon a demonstrable objective medical evidence that restricts function of the body or of its members or organs; included in the criteria which shall be considered shall be whether there has been a lessening to a material degree of an employee’s working ability.”
The Two-Pronged Permanent Partial Disability Test
The New Jersey State Supreme Court has set forth a two-pronged test to determine whether an injured or disabled employee is entitled to permanent partial disability benefits. Below is an overview of the two prongs, both of which must be met:
You or your New Jersey workers’ comp lawyer must provide sufficient objective medical evidence of a functional restriction of a particular body part or major organ.
You must also prove that your disability or injury has reduced your ability to work.
It must be noted that the second prong is not an overall view of your ability to carry on tasks in your every day lifestyle, but rather it is a specific look at your capability to perform specific work-related duties.
Contact an Experienced New Jersey Workers’ Compensation Attorney
For more information about your eligibility to receive a permanent partial disability award under New Jersey’s workers’ compensation law, call the Law Offices of Dan T. Matrafajlo at (908) 248-4404 to schedule a complimentary consultation with one of our experienced workers’ comp attorneys. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to better serve you.