Going Back to Work Doesn't Mean the Claim Is Over
Some people assume that returning to work closes the book on a workers' comp case. It doesn't. Under New Jersey law, you may be entitled to permanency benefits — a separate category of compensation for lasting impairment — even after you've recovered enough to go back to work. If no one told you that, you're not alone. And you may have money owed you right now.
What Permanency Benefits Actually Are — and Why They're Different
Workers' compensation in New Jersey covers more than lost wages while you're out of work. Once your medical treatment has run its course and you've reached what the law calls "maximum medical improvement," a separate question kicks in: has the injury left any lasting effect on your body? If it has, you're likely entitled to a permanency award — a lump-sum payment that compensates you for that permanent impairment, regardless of whether you're back on the job.
This benefit exists alongside your temporary disability payments, not instead of them. The two serve different purposes. Temporary disability replaces the wages you lost while you couldn't work. Permanency benefits compensate for the physical reality that your body isn't exactly the way it was before the injury — and under New Jersey law, that matters even if you've fully returned to work.
Partial Permanent Disability Is More Common Than You May Think
New Jersey workers' comp law recognizes two categories: total permanent disability and partial permanent disability. Total disability is relatively rare. Partial permanent disability — a lasting impairment that affects some portion of your function without preventing you from working entirely — covers a much broader range of injuries. A back injury that causes ongoing limitations, a shoulder that doesn't have full range of motion, hearing loss, scarring — these can all qualify. "Permanent" doesn't mean catastrophic. It means the condition isn't going away.
The Medical Evaluation Is the Starting Point
Permanency claims in New Jersey are built around medical evidence. Both sides — you and the insurance carrier — typically obtain independent medical evaluations to assess the degree of impairment. The evaluating doctor assigns a percentage of disability to the affected body part or function. That percentage, combined with statutory schedules, determines the value of the award. The insurance company's doctor will almost always rate the impairment as low as possible. Having an attorney in your corner means making sure your medical evidence is taken seriously.
This Benefit Doesn't Come to You Automatically
Permanency benefits are not paid out when your temporary disability ends. They require a separate, affirmative claim. If you close out your case without pursuing a permanency award, you may forfeit this entitlement entirely. The insurance carrier has no obligation to remind you that it exists. That's the part some injured workers don't find out until it's too late.
Settlements and What You're Actually Agreeing To
Most workers' comp cases resolve through a negotiated settlement rather than a contested trial. No case is settled until the settlement is approved by a Judge of Compensation. An attorney is required in almost all cases.
What I Do for Permanency Benefit Claims
I've handled workers' compensation matters in New Jersey for over 45 years, and permanency claims are a part of that work I take seriously. When you come to me with a workers' comp matter, I look at the full picture, not just the immediate issue. That includes:
- Reviewing your medical records and treatment history
- Explaining the difference between what you've already received and what you may still be owed
- Coordinating medical evaluations and making sure your impairment is properly documented
- Negotiating with the insurance carrier on your behalf and representing you at a formal hearing if needed
- Negotiating a proposed settlement and preparing settlement documents
You work directly with me throughout — not a paralegal, not an associate.
Who This Page Is For
You may be in the right place if any of these situations sound familiar:
- You were injured at work, received temporary disability benefits, and have since returned to work — but no one has mentioned a permanency claim
- Your workers' comp case feels like it's winding down
- You have a lasting impairment — pain, limited mobility, reduced function — and you're not sure whether it qualifies under NJ law
- You settled a claim in the past and want to know whether you still have any rights or options
- You're dealing with an NJ partial permanent disability situation and aren't sure how the evaluation process works
If you're not sure whether any of this applies to you, the consultation is the right place to start. There's no cost, and you'll leave with a clearer picture of where things stand.
Serving Injured Workers Across Gloucester County and South Jersey
My office is based in Woodbury, and I regularly handle workers' compensation matters for clients throughout Gloucester County — including Deptford, Washington Township, Glassboro, West Deptford, and Monroe Township — as well as the broader South Jersey region, including Camden, Salem, Cumberland, and Atlantic counties. Workers' comp cases are heard before the New Jersey Division of Workers' Compensation, and I'm familiar with the judges and procedures across the relevant venues.
Common Coverage Questions
Answers Designed To Keep You Protected
Am I entitled to more money after I go back to work from a workers' comp injury?
Very often, yes. New Jersey workers' comp law provides for permanency benefits that are separate from the temporary disability payments you received while out of work. If your injury left any lasting impairment — even partial — you may be entitled to a permanency award after you've returned to work and reached maximum medical improvement. This is a separate claim that has to be filed; it doesn't happen automatically.What is partial permanent disability in NJ workers' comp?
Partial permanent disability refers to a lasting impairment that affects some portion of your physical function without preventing you from working entirely. New Jersey law assigns a percentage of disability to the affected body part or function, and that percentage determines the value of your award based on statutory schedules. You don't have to be severely disabled to qualify — many common injuries, including back problems, shoulder injuries, and leg injuries, can support a partial permanent disability claim.How is a workers' comp permanency award calculated?
The calculation starts with a medical evaluation that assigns a percentage of impairment to the affected body part. That percentage is then applied to the statutory number of weeks of compensation associated with that body part under New Jersey law, and multiplied by your weekly wage rate. Because the insurance carrier's doctor will typically rate impairment as low as possible, the medical evidence you present and how it's documented can significantly affect the outcome.Can I reopen a permanency claim if I already settled my workers' comp case?
It depends on the terms of the settlement. I can review the paperwork and give you a straight answer. If permanency was not addressed and the settlement wasn't a full release, there may still be options.Do I need a lawyer to file a permanency benefit claim in New Jersey?
The simple answer is: YES. While you technically can file on your own, no one does, and you will be encouraged by all participants, including judges and insurance company attorneys, to get a lawyer. Permanency claims involve legal filings and negotiations with an insurance carrier, and having an attorney who can push back when the impairment rating comes in low matters. I offer a free consultation, so there's no cost to find out where you stand.
Don't Leave This Benefit on the Table
Law office of WIlliam A. Sheehan
If you've returned to work after a job injury and no one has talked to you about permanency benefits, there's a real chance you're owed money you haven't claimed. These benefits don't come looking for you. A quick conversation with me can tell you whether you have a viable claim, what it might be worth, and what the next step looks like. There's no cost to find out.
