Legal Question in Workers Comp in New Jersey
fall at work and 2xknee replacment surgery
i worked as a casino dealer 2005 when i was dealing roulet i fell and injured my knee.I have first meniscus surgery than knee replacment surgery.after 8 months phycical treatment i hade alot off pain and they found out i am allergic to nickel and first surgery was not made properly too.kneecap wasent shaved enough.i had second surgery.i have still pain cramps stiffness and diffucilties.my quality of life droped to 35-40-50% .
we will settle may be in november.they are payed me duiring first surgery and therapy full monthly and temp between two surgery.i am beck to regular payment.i want to know in settlement for how much i can settle?am i got any lumpsum for my knee.can i have permanent disabelty.i am now 58 years old.Can i sue the dr?i used same dr for my second surgery too.He wanted to correct his fault.
1 Answer from Attorneys
Re: fall at work and 2xknee replacment surgery
You don't say whether you already have an attorney representing you in this claim. If you do, you need to ask him this type of question. That having been said, I will assume that you don't have a lawyer. The amount your case settles for is based on the two different permanent disability examinations you will go to after all your therapy is over. The two different sets of doctors will likely come up with two different sets of disability percentages, and your case will settle for some amount near the middle of those two percentages. This will be considered PARTIAL total disability, meaning under the laws of workers compensation that you are entitled to some money, but you are still able to work, even if it is with limitations. You can apply for life time disability payments through the social security system in addition to your workers compensation claim. The general rule is that in a workers compensation claim your only relief is in workers compensation, meaning you don't have a third party claim against your employer, but in your case if you truly feel that there was malpractice on the part of the doctor who treated you you can try to sue the doctor in a malpractice claim. I am an attorney who has handled very many workers compensation claims and social security disability claims in various courts throughout New Jersey in the past. If you don't already have a lawyer I would like to discuss your case in more detail. Please contact me at your convenience. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
ww.njworkerscompensationlaw.com