Last week we spoke about medical benefits in the New Jersey Workers’ Compensation System. In this entry we will give a brief overview regarding total permanent disability benefits, and partial total disability benefits.
The third type of benefit that an injured worker is entitled to receive under the New Jersey Workers’ Compensation Act is commonly referred to as total permanent disability benefits and/or partial total disability benefits. Total permanent disability benefits are reserved for the injured worker that has been declared permanently disabled and is unable to return to work. Partial total disability benefits are benefits that are paid for injuries that have not rendered the employee totally disabled.
Permanent and partial total disability benefits are often a one-time lump sum payment, or bi-weekly payments that an injured employee will receive at the end of his or her workers’ compensation case. The amount of money that the injured employee will receive is based upon a statutory schedule established by The New Jersey State Legislature and is particular to the severity of the injury, and the injury to the particular body part.
The benefits associated with permanent and partial total disability are based on a weekly compensation system. The seriousness of the disability is taken into consideration in awarding permanent and partial total disability benefits. The more serious the injury, the greater the award an injured worker can expect to receive. The benefits paid as a result of receiving permanent and partial total disability benefits are not subject to taxation by either the State or Federal Government. Furthermore, attorney’s fees associated for representation in a New Jersey workers’ compensation case are deducted from an award of permanent and partial total disability benefits. Additionally, certain expenses that an attorney expends in representing an injured worker are also deducted from the award of permanent and partial total disability benefits.
It is important to remember that if a public safety officer is declared totally disabled and is going to collect an ordinary disability pension, there will be a monetary offset for the pension award in regard to the money received for total and/or partial disability benefits under the New Jersey Workers’ Compensation System. Furthermore, if the public safety officer is awarded accidental disability benefits, the workers’ compensation permanent and/or partial disability award will be negated in its entirety.