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I have a workmans comp case pending, is there anyway i can plead for hardship and recieve atleast $5,000 now? my case is $80,000

Brick, NJ |

all that is left to do for my trial to begin, is to see my lawyers doctor for an evaluation. My lawyer is taking a real long time to contact me to get this done with. I am currently having a child within the month and things are getting tough. I wanna see if i can apply for a hardship and recieve atleast $5,000 now out of my settlement. My case is worth around $80,000 for a back injury working on a job.

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Attorney answers 3


In my state there is no option for any hardship so I am doubtful you can do this but maybe a new jersey attorney is aware of an option here


I am sorry you are having financial difficulties. However, the only "advance" you can have on a workers compensation case is when the insurance company make a voluntary tender. Most companies, however, will not do this, especially after the bona fide tender period expires. It sounds to me your case has a long way to go if you haven't even seen your expert doctor. His report can take up to a month to 6 wekks to prepare. What makes you think your case is going to trial? A trial occurs when the parties are unable to come to a meeting of the minds on the value of a case, or there is some issue about liability, jurisdiction, or causation. You need to speak to your lawyer and find out the answers to these questions.


Without going into a discussion as to the readiness of your case ,You are seeking a Voluntary Tender (VT) also discussed elsewhere by another attorney.

A VT is hit or miss as some insurance carriers are willing to issue a VT while others are not.
The insurance company has an incentive. They pay no counsel fee on any portion of an award that is considered a bona-fide VT. To be bona-fide it must be paid within 26 weeks of the MMI date (release from treatment date)
On the other hand, some insurance companies feel that any VT simply increases the overall value of the case as your attorney will still attempt to maximize your recovery. Instead of starting at zero he/she is now starting with a number and an admitted concession as to permanency by the insurance company.
Ask your attorney to approach the insurance company. Just remember that he/she would be waiving their fee on any VT. Some attorneys will do this as it goes with the territory. Others, for obvious reasons do not.

Good Luck.

Christopher Meikle

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