Legal Question in Workers Comp in New Jersey

Section 20

My attorney has asked me to settle under Section 20 so we can get my case over with? It has been longer than the 2 year period wait and since my former employer did not carry workers compensation Insurance at the time of my accident back in Oct. 2000, my claim has taken much longer to come to a conclusion. My claim was BiLateral Carpal Tunnel release which was under Occupational Injury. My employer's Doctor gave me 5% disability in each hand. My Doctor's gave me 40% each hand. I wanted to compromise 1/2 way at 20% each hand. Since the Workers Compensation Judge has to call the shots here because this is not like a person injury claim, he suggested to the Attorneys to settle me under Section 20 and after Attorneys and medical bills and Doctor bills are all paid up, I would net $20,000- I feel a bit unsatisfied and asked my attorney of my options. He said that the Judge wouldn't take it to trial for some reason I am not clear of understanding but my attorney suggested to just settle under Section 20. I feel a bit cheated but perhaps this is the route it must take. I was wondering on a little feedback before I settle under Section 20. A response it highly appreciated. Thank you.

--name removed--C


Asked on 1/28/03, 10:38 pm

1 Answer from Attorneys
John Pinho John Pinho

Re: Section 20

Uninsured cases are long and highly frustrating. Under Section 20, your right to reopen your case will be terminated. If you feel that you will not need any further surgery, a settlement under Section 20 may be an option for you. You give up the right to reopen the case but do not have to go through a lengthy (in time approximately 1 year) trial and are assured of the result.

Each case must be evaluated on its own merits. It would be unfair to your attorney to judge whether he is giving you sound advise. Are there any other issues which may cause you to lose your case complete? For example, are you an independent contractor? Did you get carpal tunnel from work or from another accident?

You ultimately decide whether to try your case or settle it. So ask your lawyer what are your chances of winning. What other issues trouble him about your case? Is the Respondent solvent and will he be able to pay a judgment?

John M. Pinho

www.njlawonline.com

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Answered on 1/29/03, 3:16 pm


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