Permanent Partial Disability
Permanency award is an award of monetary compensation reflecting functional loss of a particular body part. Body parts are separated between scheduled and non-scheduled losses according to a schedule of disability which is updated yearly. Below you can link to the yearly schedule of disabilities from 2002 to 2014. The chart also lists particular body parts which are known as scheduled losses and then a column for all other injured body parts known as permanent partial total if the injury is less than total or 100%.
Note with regard to the body parts listed on the chart, the hand is considered for permanency determination to include from the elbow to the fingers. The arm, as a particular body part listed on the chart, includes from the elbow up to but not including the shoulder. The foot includes from the knee and below while the leg is from the knee up to but not including the hip.
Permanency determinations are made after the injured worker has reached maximum medical improvement as determined by the authorized treating physician. That is, medical treatment has concluded. Thereafter, each party will schedule an evaluation with a qualified physician who will independently evaluate the medical records and conduct a physical examination of the injured worker to arrive at an estimate, if any, of the extent of disability expressed in percentages of functional loss of a particular body part and the impact on your ability to do your job.
The burden of proof is on the injured worker. Objective evidence is necessary for the grant of a permanency award by a Judge of Compensation in New Jersey. That is, objective medical testing and diagnosis are required for the issuance of a permanency award. However, you do not have to be totally disabled to receive a permanency award and you may still be able to perform your regular work and qualify for this benefit.
Permanent Total Disability
A permanent and total disability results from a worker rendered unemployable in a reasonably stable job market as a result of a work-related accident which can also include other personal factors (such as pre-existing medical issues) which play a contributing part. The injured worker receives payments for 450 weeks which can continue for life as long as the total disability exists.
Schedule of Disabilities