The short answer is, probably yes. The theory is that you are not allowed to a "double recovery." In New Jersey law, when you are injured on the job, the employer pays you temporary disability benefits, provides medical care, and also provides permanent disability benefits based on the nature and extent of your permanent injuries. Your employer pays this regardless of fault. HOWEVER, when there is a liable third party, the law allows your employer to seek reimbursement of a portion of the benefits that they paid out from that third party. You really need to discuss this with your attorney, because there is a little more to the calculations.
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You can NEVER double recover.
WC paid all your bills and paid you TTD, and will be liable for permanency. State law says that if there is money from a 3rd party, WC gets repaid FIRST. You get to keep anything beyond that.
Your attorney should explain the details.
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The issue is how much, if any, money your workers' comp carrier gets from your 3rd party settlement under NJ's laws of "subrogation." That simply means how much the comp carrier gets back of the money that it spent on your claim. Each state has different laws relating to subrogation and your lawyer needs to walk you through exactly how much NJ allows in subrogation under the facts of your case.Ask a similar question