The Objective Evidence Requirements of Proving Permanent Partial Disability
The most frequent type of New Jersey workers’ compensation claim is for permanent partial disability (PPD). Your injury is considered permanent if it is determined that you will never fully recover and it is considered partial if it prevents you from performing all of the tasks required by your job.
In order for your New Jersey workman’s compensation lawyer to claim PPD, he will need to provide the state or insurance carrier with objective evidence of your disability.
Object Evidence Requirements
The term “objective evidence” can take on different meanings depending on the given context, especially with regard to physical condition and mental condition.
If your physical condition is in dispute, MRI or X-ray results will generally satisfy the objective evidence requirement when claiming PPD. However, if your disability of impairment borders on a “minor injury,” the professional analysis must be more extensive.
If your mental or emotional condition is in dispute, objective evidence of your physical manifestation is not required. Rather, reasoned analysis of your subjective statements regarding your mental or emotional state of mind will be deemed objective under the New Jersey Workers’ Compensation Statute. However, if you saw your psychiatrist only once, upon the recommendation of your New Jersey workman’s compensation lawyer, and the psychiatrist’s reports merely addressed your complaints, your claim for PPD may be dismissed.
Contact an Experienced New Jersey Workers’ Compensation Attorney
For more information about the objective requirements of proving a permanent partial disability claim or for general information regarding filing a workers’ compensation claim in New Jersey, 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.