Monmouth County Workers Compensation lawyers here at Riviere Cresci & Singer know the workmens’ comp laws. As per the law it does not provide for compensation in the form of “pain and suffering” Rather, we see limitation based upon “functional loss.” A functional loss assessment is how the Monmouth County Judge will determine your compensation for you inability to perform tasks at work or in daily living.
How does this happen? After we have filed a formal Workers Compensation claim called a Claim Petition, our office will obtain the medical evidence documenting your injuries. We will then send you to a professional health care provider that has expertise with regard to your types of injuries. The insurance carrier will do the same. After you see these doctors they will author permanency reports. When it comes time for settlement these same reports will be used by both sides to reach an agreeable percentage of disability. If an agreement cannot be reached the case will go to a trial before a Workers’ Compensation Judge. The final percentage of disability, determined by trial or settlement, will then be quantified into a monetary award.
If you have not already done so, you can call us today and speak with an attorney immediately. Remember there are time limitations on Workers Compensation Claims in New Jersey.
All settlements in Ocean County Workers’ Compensation Court will be subject to approval of the court. The Judge overseeing your case will ensure that you understand the terms of the settlement and hear your complaints to determine if the settlement is fair, just and reasonable. As, stated earlier you do not have to accept a settlement, but rather may proceed to trial if you choose and allow the Judge to make the decision. But know that if you do proceed to trial, you could get more than the proposed settlement, less than the proposed settlement, the same as the proposed settlement or perhaps nothing at all. The Judge will tell you this.