New Jersey Disputes & Settlements

Clark, NJ (WorkersCompensation.com) -- What happens in the Garden State when a dispute arises over a claim of compensation? Simply Research subscribers know, but the highlights follow.

Who can Submit?

In case of a dispute over or failure to agree upon a claim for compensation between employer and employee, or the dependents of the employee, either party may submit the claim, both as to questions of fact, the nature and effect of the injuries, and the amount of compensation therefor according to the schedule herein provided, to the Division of Workers’ Compensation.

Getting to a Lump Sum

After a petition for compensation or dependency claims has been filed, seeking compensation by reason of accident, injury or occupational disease of any employee, and when the petitioner is represented by an attorney of the State of New Jersey, and when it shall appear that the issue or issues involve the question
of jurisdiction, liability, causal relationship or dependency of the petitioner, and the petitioner and the respondent are desirous of entering into a lump sum settlement of the controversy, a judge of compensation may with the consent of the parties, after considering the testimony of the petitioner and other witnesses, together with any stipulation of the parties, and after such judge of compensation has
determined that such settlement is fair and just under all circumstances, enter “an order approving settlement.”

That Settles It

Such a settlement, when so approved, shall have the force and effect of a dismissal of the claim petition and shall be final and conclusive upon the employee and the employee’s dependents, and shall be a complete surrender of any right to compensation or other benefits arising out of such claim under the statute.

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