Legal Question in Workers Comp in New Jersey

living without income,taking forever

i had a third party case with my workerscomp case now 2/3rds of my wages are 150.000 dollars witch is what they owe me retroactive to the time they stopped my benefits. my lawyer says they only have to pay me 1/3rd of this money. is this the case? and if it is why?they already got the money they say they paid out to me out of my third party case. how do they think they only have to pay me 1/3rd of the money they owe me if they already got their money? i thin my lawyers are trying to defraud me and have been thruout this case. witch ill discuss later in my questions.


Asked on 10/15/06, 5:32 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: living without income,taking forever

If you had a third party case that settled already, then if the third party settlement is greater than the comp award, you only get 1/3 of future benefits including wages, medical and permanancy until the amount that you do not receive in comp equals what you received in the third party case. THis is to prevent double recovery and the only reason you receive the 1/3 is the credit you receive for the attorneys fees paid in the third party case.

It does not sound as if your attorneys are telling you anything but this.

I hope this helps.

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Answered on 10/16/06, 9:47 am


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