New Jersey Accidental Disability Pension Attorneys
Proudly serving all of New Jersey
Being injured on the job can be a particularly complex situation to find yourself in. This is especially true when the damages are severe enough to keep you from going back to the same occupation. While you may be aware that you're entitled to some kind of financial support after sustaining a workplace injury, it's important to note that you could be eligible for more than just the standard workers' compensation payout if you are a New Jersey public sector employee. Under certain criteria, accidental disability pensions are available to those who have contributed a portion of their salary to the public employee pension program.
To gain the full benefits of this pension, it's best to seek the counsel and guidance of the New Jersey worker injury lawyers at Lependorf & Silverstein, P.C. Having someone on your side who understands how to appropriately handle all aspects of accidental disability pension applications, hearings, and appeals will increase your chances of approval.
Accidental disability pensions are reserved for employees working in the public sector of their state, county, or city. This type of payout applies to individuals who have suffered a serious work-related injury that has ended their ability to perform the duties required of them as stated in their normal job description. It must be shown that an injured employee is totally and permanently incapable of carrying out the essential tasks of their occupation moving forward.
Accidental disability pensions differ from ordinary disability pensions in that the former strictly refers to injuries that took place during the course of employment, while the latter covers injuries that occurred outside of the workplace. Additionally, an accidental disability pension typically pays out approximately two-thirds of the injured party's regular salary, and an ordinary disability pension awards about 40% of an employee's wages in comparison.
A prior guideline that demanded employees prove their injury to be the outcome of a great rush of force or uncontrollable power has been eliminated, making it slightly easier for certain public employees to collect compensation. However, the Supreme Court of New Jersey still has a stringent set of requirements in place detailing who may qualify to receive accidental disability pension benefits. Eligibility for the incident in question will be determined by five specific factors. Aside from proving an injury resulted in total and permanent disability, an employee must show the work-related traumatic event to be:
- Identifiable as to time and place
- Undesigned and unexpected
- Caused by a circumstance not pertaining to a previous injury or pre-existing illness that was made worse by their job duties
- Something that occurred because of routine and occupational tasks and not because of willful negligence
Employees should also recognize that they have the right to these same benefits whether the incapacity to do their job is from physical or mental trauma.
No matter how deserving you might be of collecting an accidental disability pension, it doesn't mean it will automatically be handed over once you apply. In fact, without the help of an attorney that is knowledgeable and experienced in this specific area of practice, it can be very difficult to get approved. The New Jersey personal injury lawyers at Lependorf & Silverstein, P.C. work diligently to make sure public sector employees are properly compensated for their workplace injuries. We will explore all potential sources of restitution that you may be eligible for. In addition, we will assist you with the complicated application and evaluation process that is involved in accidental disability pension claims. Contact our Princeton office at (609) 240-0040 for a free initial consult to go over the details of your case.
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