Archives for September 2016

When you have been hurt in a work accident in New Jersey, you have a right to file a claim for benefits through the state’s workers’ compensation system. As a general rule, if your claim is approved, you will be awarded benefits based on your average weekly wage and the extent of your injury. However, if you suffer an injury to one of your extremities, such as an arm, leg, finger or toe, you can also receive a cash payment if the injury is deemed permanent. These payments are referred to as scheduled loss of use, or SLU, awards.

As defined in the New Jersey workers’ compensation laws, “extremities” include all body parts other than your head, neck or back. Accordingly, you can pursue a scheduled loss of use award if you sustain a permanent injury to your arms, hands, fingers, legs, feet or toes.

Here’s how to seek a scheduled loss of use award. You’ll have to wait until your case is finalized (usually around a year after your accident). Once you have reached what is known as “maximum medical improvement,” you can see your doctor and request a report to document the degree to which your injury is permanent. Once your doctor has determined the percentage of permanent injury, you look at the statutory schedule for your type of loss and apply the percentage to determine the amount to which you are entitled.

It’s important to understand that, once the award is determined, your workers’ compensation case is generally closed. If your injury becomes worse, though, you can always seek to reopen your claim. So, for example, you may have 50% use of your hand now and receive a scheduled loss of use award based on that percentage. If your injury progresses and you lose permanent use of the entire hand, you can reopen your case and seek an additional amount.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

When you have been injured at work in New Jersey, your exclusive remedy will typically be through a workers’ compensation claim. It’s often referred to as the “grand bargain,” as it is designed to benefit both employers and employees. Business owners (and workers’ compensation insurance companies) don’t have to worry about large damage claims from a judge or jury because the workers’ compensation laws establish specific payouts. Workers generally have access to compensation more quickly, as they don’t have to go through all the procedures involved in a lawsuit.

At its best, it’s a straightforward and simple system—you see a doctor, get a medical opinion that you’ve suffered an injury and can’t work. You file your claim, continue to see the doctor regularly, and receive temporary benefits until you can return to work, or permanent benefits if you can’t go back to your job.

Workers’ compensation insurance companies, though, take a completely different view of your claim. It’s all about their bottom line, and the way they maximize their bottom line is to minimize what they pay you. It’s how their business model works. They charge premiums, which represents the bulk of their income. In order to maximize their profits, they need to maximize income and minimize expenses. The more they pay out in claims, the less profit they’ll show at the end of the year.

So it’s really in the workers’ comp insurance company’s best interests to make the process difficult for you. They may refuse to pay for necessary testing, or they may allege that you can return to work, or that your injury is less serious that you know it is. That’s why you need an experienced and aggressive workers’ compensation attorney to protect your rights.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.