If you've been injured at work in New Jersey and can no longer work in any capacity, you may qualify for Permanent Total Disability (PTD) benefits. These benefits provide a safety net for workers whose injuries are so severe that returning to any kind of employment is impossible. In this post, JFM Law will break down how long you can receive workers' compensation for a permanent total disability in New Jersey. We’ll also clarify how a NJ workers’ compensation lawyer can help you get the benefits you deserve.
Workers' Compensation Lawyer for Permanent Total Disability in New Jersey
If you’ve suffered a serious work-related injury in New Jersey and can no longer work, you don’t have to handle this alone. Workers' compensation benefits, especially for permanent total disability (PTD), are critical to your financial well-being. These benefits can provide ongoing support, but it’s common to face hurdles in receiving or continuing them. If you’re unsure about how long your PTD benefits will last or what steps to take, workers’ comp lawyers at JFM Law are here to guide you. Call (732) 333-6621 or contact us online for a free consultation. Our offices in Freehold, Toms River, and New Brunswick are ready to assist workers across New Jersey.
What Is Permanent Total Disability (PTD)?
PTD benefits are available for workers who can no longer work at any job due to a work-related injury or illness. PTD is presumed when a worker loses two major body parts, such as eyes, arms, hands, legs, or feet. However, you may also qualify if multiple injuries together prevent you from earning any wages. In New Jersey, PTD benefits are provided through the workers’ compensation system.
How Long Can You Receive PTD Benefits?
When you qualify for Permanent Total Disability (PTD) in New Jersey, you will receive weekly benefits for an initial period of 450 weeks. After this period, if you can still prove that you are unable to earn wages, these benefits may continue beyond the 450-week mark.
How Are PTD Benefits Calculated?
PTD benefits are calculated based on 70% of your average weekly wage at the time of your injury. However, there are limits. The weekly payment cannot exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below 20% of the SAWW. This means that even if your average weekly wage is high, you will only receive up to 75% of the SAWW, and if it's very low, you will at least receive 20% of the SAWW.
The SAWW changes yearly, and the maximum and minimum compensation amounts are recalculated by the New Jersey Department of Labor and Workforce Development each year.
How Does the Second Injury Fund Work?
New Jersey has a special program called the Second Injury Fund (SIF), which plays an essential role in cases where workers suffer from pre-existing disabilities and then experience a new work-related injury that, combined with their previous condition, makes them totally disabled.
The purpose of the Second Injury Fund is to encourage employers to hire disabled workers without the fear that they will be responsible for paying for a total disability resulting from a combination of the pre-existing condition and a new work injury. Employers only pay for the disability directly caused by the work injury, while the Second Injury Fund covers the remaining portion of the total disability benefits.
According to NJ Statutes § 34:15-95, workers who become totally and permanently disabled due to a combination of injuries can still receive benefits. However, it is important to note that not all workers with pre-existing conditions qualify for Second Injury Fund benefits—only those whose disabilities combined with the last injury result in permanent total disability.
What Injuries or Conditions Qualify for PTD?
Certain injuries automatically qualify as permanent total disabilities. For example, losing both arms, legs, eyes, or any two major body parts would be considered a PTD under New Jersey law.
In addition to these specific losses, a worker can also qualify for PTD if a combination of injuries leaves them unable to work. For example, if you suffered a severe injury to your back in a previous accident and then injured your knee while at work, the combined effect of these injuries might make it impossible for you to hold a job, even if neither injury alone would qualify you for total disability.
Some of the most common work injuries that can leave a person completely unable to work include severe spinal cord injuries, traumatic brain injuries (TBI), amputations, and severe burns. Spinal cord injuries can result in paralysis, affecting mobility and independence. TBIs may cause cognitive impairment, memory loss, or permanent disability. Amputations of limbs, especially dominant arms or legs, can significantly limit a person’s ability to perform job tasks. Severe burns may cause nerve damage, chronic pain, and disfigurement, making it impossible to return to work. These catastrophic injuries often require long-term medical treatment and rehabilitation.
Temporary vs. Permanent Disability
Before you can be considered for Permanent Total Disability benefits, you will usually first receive Temporary Total Disability (TTD) benefits. These benefits provide 70% of your average weekly wage while you are recovering from your injury but are unable to work. TTD benefits are available for up to 400 weeks, after which your doctor may determine that you have reached "maximum medical improvement" (MMI). At this point, you may be evaluated for PTD if your condition is severe.
According to NJ Statutes § 34:15-12(a), temporary benefits support you while you are recovering and before it is determined whether your injury will result in permanent total disability.
How Can You Continue PTD Benefits After 450 Weeks?
According to NJ Statutes § 34:15-12(b), after 450 weeks of PTD benefits, you need to prove that you remain unable to earn wages. New Jersey law requires you to show evidence that you still cannot work or earn the same wages you earned before the injury. This can be done through medical records, testimony from your doctor, or even testimony from vocational experts who can explain why your injuries prevent you from working. If you can show that your condition has not improved, your benefits will continue.
Can PTD Benefits Be Reduced?
Yes, if you start earning wages after 450 weeks of benefits, your PTD benefits may be reduced. The amount you are earning will be compared to the wages you made at the time of your injury, and your benefits will be decreased by that proportion. If you are able to return to work and earn the same or more than your previous wages, your workers' compensation benefits will be reduced to a minimum amount of $5 per week.
How Can a Workers' Compensation Lawyer Help You?
- Helping You Understand the Process: A lawyer can explain the process to you in clear terms and ensure you understand what benefits you are entitled to receive.
- Filing Paperwork: Workers' compensation claims involve significant paperwork and documentation. A lawyer can help make sure everything is filed correctly and on time so that your benefits are not delayed.
- Proving Your Disability: After the initial 450-week period, proving that you are still unable to work is crucial to continuing your benefits. A workers' compensation lawyer can gather the medical evidence and expert testimony needed to prove that your condition has not improved and that you remain unable to earn wages.
- Appealing Denials: If your claim is denied or your benefits are cut off after 450 weeks, a lawyer can help you appeal the decision. They can represent you in court and ensure that your case is presented effectively.
- Ensuring You Receive Full Benefits: Workers' compensation benefits are based on your average weekly wage, and mistakes can happen when calculating these amounts. A lawyer can review your case to make sure you are receiving the correct benefits.
- Assisting with the Second Injury Fund: If you qualify for the Second Injury Fund due to a combination of injuries and pre-existing conditions, a lawyer can help you file for these benefits and ensure that your employer is only responsible for the work-related portion of your disability.
Frequently Asked Questions
What is permanent total disability (PTD)?
PTD means you're unable to work due to a work-related injury or illness.
How long do PTD benefits last in New Jersey?
PTD benefits last for 450 weeks and may continue if you remain unable to work.
What happens after 450 weeks of PTD benefits?
You must prove that you still cannot earn wages to continue receiving benefits.
How are PTD benefits calculated?
Benefits are 70% of your average weekly wage, with state-imposed limits.
Can PTD benefits be reduced?
Yes, if you start earning wages, benefits may be reduced proportionally.
What types of injuries qualify for PTD?
Losing two major body parts, or a combination of injuries that prevent any employment, qualifies for PTD.
What is the Second Injury Fund?
This fund covers benefits when a new work injury combines with a pre-existing disability to cause total disability.
Can PTD benefits end if I return to work?
Yes, if you earn the same or more as before your injury, benefits may drop to $5 weekly.
What is temporary total disability (TTD)?
TTD provides 70% of your wages while you recover from your injury but aren't working.
What evidence is needed to extend PTD benefits?
Medical records, doctor testimony, or vocational expert testimony may be required to extend benefits.
New Jersey Permanent Total Disability Attorney
Dealing with a work injury that leaves you unable to return to any kind of job can be overwhelming. You may be eligible for permanent total disability benefits, but knowing how to secure and extend these benefits is key. Don’t face this challenge by yourself. JFM Law workers’ comp lawyers are here to support you through the process, from collecting the right medical documentation to making sure you get the payments you need to keep your life moving forward. Contact JFM Law at (732) 333-6621 or reach out online for a free consultation today.