Disability Awards and Lump Sum Settlements
Helping injured workers in southern and central New Jersey
Workers' compensation claims are often resolved through a negotiated settlement. But these settlements can be tricky. Insurance companies will try to pay as little as possible. That's why you need an experienced workers' compensation attorney in New Jersey who understands the law and knows how to negotiate a settlement that meets your needs. Kotlar, Hernandez & Cohen, LLC has been helping injured workers negotiate favorable settlements since 1995.
There are two types of workers' compensation settlements: In one type, the settlement is made where there are no issues regarding liability, and the only issue in dispute is the nature and extent of the permanent injury. Under this type, referred to as an Order Approving Settlement, the injured worker waives the right to go trial in favor of an agreed upon percentage of disability to the affected body part or parts.
A Section 20 settlement is appropriate where an issue regarding liability (whether the incident occurred in the course and scope of the employment) or medical causation (are the current injuries related to the work condition) exists. This settlement results in a lump sum payment made in exchange for a complete dismissal of the claim.
Understand your legal options
The main distinction between the two is that the first type of settlement allows the employee to review or modify the settlement award within two years from the last payment of benefits if his or her condition worsens. However, the Section 20 Settlement is final, and does not allow for modification regardless of whether the employee's condition worsens.
A Section 20 Settlement should be considered only if the risks associated with trial are so significant to justify the voluntary waiver of future rights, although it may be difficult to avoid where causation or liability is at issue. An experienced workers' compensation attorney can advise you regarding any options available.
At the Law Offices of Adam M. Kotlar, LLC, our workers' compensation attorneys can provide you with the workers' compensation information and advice you need. Two of our attorneys are board-certified in workers' compensation law by the New Jersey Supreme Court. (Fewer than 3% of attorneys are certified by the Supreme Court in any area of specialty.)
There can be dire consequences for making a poor decision, and you need to understand your rights and your legal options. We invite you to schedule a free consultation with one of our workers' compensation attorneys. Simply contact us online or call us at 856-751-7676.
When you retain our law firm, you can rest assured that our New Jersey workers' compensation lawyers will protect your interests and aggressively pursue your workers' compensation benefits. We will provide you with answers to your questions and keep you informed throughout the claims or settlement process.