While some workplace injuries resolve in a relatively short time, others result in permanent disabilities. If an employee is permanently disabled due to a work-related injury, he or she may be entitled to permanent disability workers’ compensation benefits. An employee must meet certain requirements to prove a permanent disability, as discussed in a recent case in which an employer disputed whether an employee was entitled to permanent disability benefits. If you sustained an injury at work that left you permanently unable to earn an income, you should confer with an experienced New Jersey workers’ compensation attorney about what benefits you may be owed.
Facts of the Case
Allegedly, the employee worked as a framer for the employer construction company. The employee fell off a sixteen-foot scaffold and suffered injuries to his ankles and right shoulder, after which he filed a petition for workers’ compensation benefits. He underwent a surgical reduction of the fractures in his ankles that involved the installation of plates and screws, and arthroscopic surgery in his shoulder. Following his surgeries, the employee continued to suffer swelling and pain in both his shoulder and in his ankles.
It is reported that during the trial, the employee testified that his injuries prevented him from returning to work as a framer. The employee also presented testimony from medical experts who opined on the extent of the employee’s limitations and the percentage of the employee’s disabilities in his shoulders and in each ankle. The employer presented medical expert testimony in opposition to the plaintiff’s experts. The judge ultimately ruled that the employee suffered a forty-five percent partial total disability, after which the employer appealed. Continue Reading ›