New Jersey Worker’s Compensation: Permanent Total Disability Defined
Under New Jersey workers’ compensation law, you may claim workers’ compensation, with the help of an experienced New Jersey workers’ comp lawyer if your workplace injury or occupational disease results in permanent total disability. This means that your job-related accident or injury must leave you totally incapable to work.
Definition of Permanent Total Disability
Permanent total disability is defined under the New Jersey Workers’ Compensation system as a “physical or mental neuropsychiatric total permanent impairment caused by a compensable accident or compensable occupation disease, where no fundamental or marked improvement in such condition can be reasonably expected.”
In other words, if you are totally disabled due to a work-related accident you may qualify for benefits for the rest of your life.
How To Determine Permanent Total Disability
Determining permanent total disability is often a question of law and factual determination. This means that the Judge of Compensation will make its determination of how much benefits you deserve based on your specific medical situation as well as the established principles of law.
You may be awarded permanent total disability if you have a medical disability that leaves you 100 percent disabiled or if you qualify for total permanent disability by statutory provision.
If you are faced with additional injuries and your New Jersey workers’ comp lawyer determines that the injury can be classified as an “innocent aggravation” of the initial compensable work-related injury, your employer will be responsible for this additional injury as well.
Contact an Experienced New Jersey Workers’ Compensation Attorney
For more information about your eligibility to receive a permanent total 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