Jul 162014
 

A New Jersey worker/employee injured while at work or performing job duties is eligible to receive workers’ compensation benefits. These benefits include:

Part 1 of this article discussed permanent partial benefits, and part 2 of the article will provide a hypothetical example which further explains the benefits workers are eligible to receive.

A New Jersey Work Accident Hypothetical – NJ Car Accident

A flower delivery driver making a delivery while driving a van is rear ended by a car at an intersection in Marlton, NJ. The van was stopped at a red light. As a result of the rear-end collision, the van was pushed into the intersection. The van was subsequently side swiped by another car going through the intersection. As a result of the 2 impacts, the driver sustained a serious back injury. He had a slipped disc and required surgery. During this time, he was unable to work for 5 months due to surgery and recovery time.

Because the delivery driver was injured while making a delivery for work, he is eligible to receive workers’ compensation benefits. He receives medical benefits for his medical treatments and surgery.

In addition, he received temporary disability benefits for the 5 months he was temporarily disabled. He received 70% of his average weekly wage.

After 5 months, the delivery driver attempts to return to work. However, even after back surgery, he has pain in his back after sitting in the same position for a long period of time.

The delivery driver’s back injury is considered a permanent one, and his doctor provides medical proof that he will never fully recover from it. In addition, because of the pain he experiences in his back, he will not be able to work at full capacity. Making deliveries requires the driver to sit in a car for a long period of time, and he cannot do so because of his back injury. Therefore, he has to cut his hours and can only make deliveries to local, nearby customers.

The delivery driver is now eligible for permanent partial disability benefits because his back injury from the car accident prevents him from conducting all tasks required of his job.

The amount he receives for permanent partial disability is based on a schedule. The amount of benefits depends on the percentage of loss of use of the body part and the impact on the driver’s ability to perform his job. This is known as the disability rating.

In addition to filing a workers’ compensation claim in this situation, the delivery driver can also file a lawsuit against the negligent driver who rear-ended him. In a NJ car accident lawsuit, the injured driver may recover medical expenses and lost wages. In addition, he is able to recover pain and suffering damages, something that is not compensable in a workers’ compensation claim.

Related FAQ: I was driving my car in NJ to make a delivery to a customer. I was t-boned at an intersection and the other driver was at fault. Do both my car insurance and workers’ compensation pay for my medical expenses?

Help from A NJ Workers’ Compensation Lawyer in Cherry Hill & Marlton

If you were injured at work, i.e., slip, trip and fall accident, auto accident, or machinery accident, call Philip T. Ciprietti, Esq. Mr. Ciprietti is a NJ workers’ compensation lawyer who has helped injured workers/employees in NJ recover all of the benefits they are eligible to receive. Call to schedule a FREE consultation. 800-281-8695