Legal Question in Workers Comp in New Jersey

how do payouts work in New Jersey

Does my payout have to be weekly or can I get a lump sum?

I am in the trial phase of a workmans comp case in New Jersey and I was under the impression I could get my money 1 of 2 ways lump sum or weekly? Could you let me know the laws in New Jersey for settlement payouts? I am confused on this subject; also can I sell my W.C. note for a lump sum if I can't get a lump sum upfront?

Asked on 2/03/04, 5:04 pm

2 Answers from Attorneys

Scott Diamond DIAMONDLAWYER
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Re: how do payouts work in New Jersey

if you have an attorney you should ask him or her because it can work different ways. there is a section 20 lump payout there are also lump payouts at the time ofpermanency evaluations. it is a more complex questioin than you know

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2/04/04, 10:30 am
John Pinho DaSilva & Pinho
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Re: how do payouts work in New Jersey

In New Jersey, if you settle a case (under an Order Approving Settlement) or a judge makes a decision (Judgment), you will receive the number of weeks you have "banked" from the date you last received temporary disability benefits in a lump sum followed by monthly payments for the remainder of the weeks that you settled for or were awarded.

Deductions for counsel fees and costs will be discounted from the lump sum.

The only way to receive all your money up front is to do a Motion for Commutation before a judge asking for the acceleration of the payments. There is a discount taken if the judge finds a valid reason for the commutation.

If you settle your case via Section 20 of the Workers Compensation statutue, you will receive a lump sum however your case will be closed forever and you cannot reopen it for additional medical care or temporary, or permanent benefits. I recommend against a Section 20 just because you want to receive a lump sum.

Ask your attorney about the specifics of your case as this is a fairly complex area which is fact specific.

John M. Pinho

www.DaSilvaPinho.com

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2/04/04, 1:48 pm

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