QUESTION
Do I have any legal recourse for recovery of damages after a settlement is finalized and disbursed?
Asked on Oct 08th, 2023 on Workers Compensation - New Jersey
More details to this question:
I had a workplace accident in 2018 when a piece of equipment that i was helping to move, fell on me. I sustained injury in the form of a broken fibula and severed fingertip This happened at a public school. My case bounced back between an insurance lawyer and workers comp lawyer until it was settled as a workers comp case. I was out of work for months and I don't believe I was adequately compensated for my lost earnings or medical costs, but when I asked, my lawyer said it was the best I could hope for. I can't escape the nagging suspicion that I got taken advantage of.
1 ANSWER
Workers Compensation Attorney serving Newark, NJ
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Andrew H. Graulich Attorney at Law
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I am not sure without all facts ,but in NJ Comp,you get 70% of gross wages while out up to max allowed for year of accident or no more than 903. per week for 2018.If you were a higher income earner,there is no law in Comp where you can get all your wages covered.
As to injury,NJ has a disability chart and the goal of your Lawyer would be to work out a % of disability to the body parts hurt and that has a Dollar figure.If it can not be reolved ,then the Judge after full trial with Doctors dtermines the % of disability.The dollar figure in the chart can not be changed.
You have 2 years after an awrd in Court ,from the time you get your last check from insurance ,to file a reopner if yoou believe your injury worsened.After that you will probably be time barred from filing same.
Andrew H Graulich Esq
973-493-6468
www.graulichlaw.com
Answered on Oct 09th, 2023 at 9:00 AM