The Order Approving Settlement is the New Jersey court document that turns a workers’ compensation deal into a binding judgment a judge signs, fixing how much money an injured worker gets and how it is paid. It is filed with the New Jersey Division of Workers’ Compensation, and two versions exist: the WC-100 percentage order (revision 8/27/2015) under N.J.S.A. 34:15-22, and the WC-370 dismissal order (revision 4/24/13) under N.J.S.A. 34:15-20.
Getting a single box wrong on this form can cost a worker thousands of dollars or wipe out the right to reopen a claim later. New Jersey resolves the large majority of its tens of thousands of yearly claim petitions through one of these two settlement orders rather than a full trial, so the form a worker signs at the hearing is often the single most important page in the entire case. This guide walks through every field on both versions, line by line, in plain language.
Here is what you will learn:
- 📋 What each box on the WC-100 and WC-370 means and exactly what to write in it
- ⚖️ The difference between a Section 22 percentage order and a Section 20 full-and-final dismissal, and which protects your right to reopen
- 💵 How the disability weeks, weekly rate, credits, and attorney fee lines are calculated and where errors hide
- 📨 How to file the order through the COURTS e-filing system, by mail, or in person, with timelines and proof to keep
- 🚫 The mistakes that delay payment past the 60-day rule or accidentally surrender your rights forever
What the Form Is and Who Must File It
The Order Approving Settlement is the final judgment in a New Jersey workers’ compensation case. It records the agreement between the injured worker (the petitioner) and the employer or its insurance carrier (the respondent), then asks a Judge of Compensation to sign it after finding the deal “fair and just.” Without the judge’s signature, a workers’ comp settlement in New Jersey has no legal force, because the Division of Workers’ Compensation must approve every settlement to protect injured workers from unfair deals.
New Jersey uses two distinct orders, and choosing the wrong one changes a worker’s future rights. The WC-100 is an “Order – Judgment – Approving Settlement” that pays a percentage of permanent disability under N.J.S.A. 34:15-22; the worker keeps the right to reopen the case within two years if the condition worsens. The WC-370, called an “Order Approving Settlement With Dismissal” under N.J.S.A. 34:15-20 — widely known as a “Section 20” — pays one lump sum, dismisses the case with prejudice, and ends every right forever. As New Jersey attorneys explain in this Section 20 primer, a Section 20 is a once-and-done deal with no reopener.
The parties prepare the form, but the judge controls it. In practice, the petitioner’s attorney or the carrier’s attorney types the order, and both sides sign it, yet the document only becomes an enforceable judgment once the Judge of Compensation signs and dates the signature block. The original signed order is then kept on file by the Division under N.J.S.A. 34:15-121. A self-represented worker can read every box and confirm the numbers match what was promised before signing.
Before You Start: Documents and Information You Need
Gather everything below before you open the form, because a missing number forces the hearing to be rescheduled and pushes back the day you get paid. The form pulls almost every entry from documents already in your file, so collecting them first prevents guesswork at the counter.
- Case (CP) number(s). This is the docket number the Division assigned when the claim petition was filed; without it the order cannot be matched to your case and the clerk will reject it.
- Vicinage / district office. You need the name of the office handling the case (for example, Newark, Trenton, or Camden), because the order is heard and stored there, and the wrong vicinage routes the file to the wrong judge.
- Date of accident or occupational exposure. This date sets your benefit rate and the statute of limitations; an error here can make the award look incorrect or untimely.
- Average weekly wage and compensation rate. Your weekly wage at the time of injury drives the temporary and permanent rates printed on Page 2, so bring your wage records or the rate already set in the case.
- Body parts and nature of injury. The order must describe the percentage of disability and the members involved, so list every injured body part from your medical reports.
- Prior payments (temporary and permanent). You need the dollar totals already paid for temporary disability and any prior permanent award, because these become credits that reduce the balance due.
- Medical and expert fee figures. Doctor report fees, interpreter fees, and stenographic costs all have their own lines, and leaving them blank can stall payment to those providers.
- Attorney fee amount. The agreed attorney fee and how it splits between petitioner and respondent must be entered; a blank fee line leaves your lawyer unpaid and the order incomplete.
- Medicare status. You must mark whether the petitioner is Medicare eligible, because a “Yes” can require a Medicare Set-Aside addendum, and skipping it risks a federal compliance problem.
- Dependent information (Section 20 only). For a WC-370, know your spouse and dependents under N.J.S.A. 34:15-13, because the form asks whether their rights are also released.
Where to Get the Form and How to Access It
Both orders are free official forms hosted by the State of New Jersey, and you should always download them directly from the agency to be sure you have the current revision. Get the percentage order at the WC-100 interactive PDF and the dismissal order at the WC-370 interactive PDF. Both are fillable PDFs you can type into on a computer, which is cleaner than handwriting and reduces clerk rejections.
The full list of standard Division forms appears in the regulation at N.J.A.C. 12:235-14.1, which is the rule that names and numbers every workers’ compensation form. The WC-100 comes paired with the WC-168 Case Exhibit Listing, a page that records the medical reports and exhibits entered as evidence at the settlement.
Confirm the revision date before you type a single entry. The current WC-100 prints WC-100 (r. 8/27/2015) in its header, and the current WC-370 prints WC(DO)-370 Interactive (r. 4/24/13). If the form you downloaded shows a different date, you may have an outdated version, and a judge can refuse an order on a stale form.
Step-by-Step: How to Fill Out the Order Approving Settlement Line by Line
The two forms share most of their fields, so this section walks through the shared header and allowance boxes once, then covers the WC-100 award page and the WC-370 dismissal language separately. Use the exact box labels printed on the form, and italicized text shows sample entries as they appear on the page.
Case No’s. and Vicinage
The form opens by asking for the CASE NO’S. and the VICINAGE at the top of both pages. In plain English, this is your docket number and the district office handling the case. Enter the full claim petition number exactly as it appears on your prior filings, and type the vicinage name in the box beside it; for example, 2023-12345 in the case box and Newark in the vicinage box. If you have more than one claim petition being settled together, list every case number, separated by commas, so the order covers all of them. A common mistake is entering only one CP number when two claims are being settled, which leaves the second case open and forces a second hearing. Many filers wrongly believe the vicinage is just a mailing label, but it actually controls which judge signs the order and where the original is stored.
Petitioner Name and Address
This block asks for the injured worker’s full legal NAME and ADDRESS. Write the name as it appears on your claim petition and identification, last entries matching your medical and wage records, such as Maria Lopez at 418 Grand Street, Apt 3B, Elizabeth, NJ 07202. If you moved during the case, use your current address so the carrier mails the settlement check and any tax documents to the right place. A frequent error is using a nickname or a maiden name that differs from the claim petition, which can delay matching the check to the worker. People often think the address only matters for mail, but the Division also uses it to confirm identity, so an outdated address can slow processing.
Attorney for Petitioner
The form provides an ATTORNEY FOR PETITIONER field with name and address. Enter the lawyer’s full name and firm address, for example James Carter, Esq., Carter & Hale, 200 Market St., Newark, NJ 07102. If you are representing yourself, write Pro Se in this box so the court knows no attorney appears for you. A common mistake is leaving this blank when an attorney is involved, which can hold up the attorney fee line later. Some workers believe naming an attorney here costs extra, but the fee is set separately in the allowances section and capped by the judge.
Respondent, Insurance Carrier, and Attorney for Respondent
This grouping identifies the employer (RESPONDENT), the INSURANCE CARRIER, and the ATTORNEY FOR RESPONDENT, with checkboxes for SELF-INSURED and TPA (third-party administrator). Enter the employer’s legal name, the carrier’s name, and the defense attorney’s name and address, such as employer Summit Logistics LLC and carrier Travelers Insurance. Check SELF-INSURED only if the employer pays claims directly without a carrier, and check TPA if a third party administers the claim. A common mistake is naming the wrong corporate entity for the employer, which can make the order unenforceable against the party that owes the money. Filers often assume the carrier and employer are interchangeable, but the order must name both correctly so the right party pays.
Federal Employer Number, Claim Number, and Telephone
The form requests the FEDERAL EMPLOYER NUMBER, the carrier’s CLAIM NUMBER, and TELEPHONE NUMBER (AREA CODE) for the parties. Enter the carrier’s internal claim number exactly, for example WC-0098471, because the carrier uses it to locate the file and cut the check. The telephone number should include the area code, such as (973) 555-0142. A common mistake is transposing digits in the claim number, which can send your settlement check into the wrong file and delay payment for weeks. Many people think the claim number is optional, but without it the carrier’s payment team may not be able to match the signed order to your claim.
Date of Birth and Medicare Eligible
Both forms ask for the petitioner’s DATE OF BIRTH and a MEDICARE ELIGIBLE: YES / NO checkbox. Enter the birth date in standard format, such as 03/14/1972, and check YES or NO for Medicare eligibility. This box matters because Medicare’s interests must be considered in any settlement; if you are a Medicare beneficiary or close to eligibility, a Medicare Set-Aside may be required and a Medicare Addendum attached. A common mistake is checking NO when the worker is over 65 or already on Social Security Disability, which can trigger a federal compliance problem and put the settlement at risk. People often think Medicare only matters for retirees, but younger workers on disability can also be eligible, so answer based on actual status.
Date of Accident and Description of Injury (WC-100)
The WC-100 includes a DATE OF ACCIDENT OR OCCUPATIONAL EXPOSURE field and a DESCRIBE (Briefly) line. Enter the exact accident date, for example 06/22/2022, and give a short description such as fell from loading dock, injured low back and right shoulder. For an occupational disease, use the date of last exposure or the date disability began. A common mistake is guessing the date, which can make the award appear to fall outside the statute of limitations and invite a challenge. Workers sometimes believe the description must be detailed, but a brief, accurate phrase matching the medical records is what the judge needs.
Weekly Wages and Rate(s) (WC-100)
The WC-100 asks for Weekly Wages: $ and Rate(s): $. Enter the average weekly wage at the time of injury and the resulting compensation rate, for example wages of $1,000 producing a rate of $700. These figures drive every dollar on Page 2, because permanent and temporary benefits are paid as a percentage of the wage subject to the statutory maximum and minimum set each year. A common mistake is using current wages instead of wages at the time of injury, which inflates or deflates the entire award. Many filers assume the rate equals the full weekly wage, but New Jersey caps it at roughly 70 percent of wages within annual limits.
Reopened Petition Fields (WC-100)
If the case is a reopener, the WC-100 provides IF RE-OPENED PETITION, INDICATE FOR LAST AWARD: Date, Award, Permanent Paid: $, Temporary Paid: $. Enter the prior award date, the prior percentage, and the dollars already paid, such as prior award 17.5% with $28,000 permanent paid on 09/2019. This matters because money already paid becomes a credit that reduces the new balance due. A common mistake is omitting the prior permanent paid figure, which causes the carrier to overstate the new balance and later claw it back. Workers often think a reopener starts fresh, but the new award is built on top of the old one, so prior payments must appear.
Permanent Disability Percentage, Nature, and Members (WC-100)
The WC-100 has a PERMANENT DISABILITY (Describe Percentages below followed by the Nature and Extent of Injury and Members involved) section. Enter the agreed percentage tied to each body part, for example 22.5% of partial total for the lumbar spine and 15% of the right arm. This is the heart of the percentage settlement, because the percentage converts into a fixed number of weeks of benefits under the statutory schedule. A common mistake is listing a percentage that does not match the weeks calculation on Page 2, which the judge will catch and send back for correction. Filers sometimes believe a higher percentage always means more money, but the body part involved changes the number of weeks each percentage point is worth.
Disability Awarded — Temporary and Permanent (WC-100 Page 2)
Page 2 of the WC-100 sets out DISABILITY AWARDED with a TEMPORARY line and a PERMANENT line, each reading _ weeks at $ = $ _ less $ paid = Balance due $ ____. Enter the number of weeks, the weekly rate, the gross total, the amount already paid, and the remaining balance, for example 112.5 weeks at $700 = $78,750 less $0 paid = Balance due $78,750. This is where the math must tie out exactly, because the judge and clerk check that weeks times rate equals the gross and that the balance subtracts prior payments. A common mistake is a math error in the multiplication, which is the single most frequent reason an order bounces back. Many people assume the carrier will fix small math slips, but an unbalanced line stops the judge from signing.
Credits (WC-100 Page 2)
The WC-100 lists Credits with checkboxes for Bonafide Voluntary Tender, Non Bonafide Voluntary Tender, Reopener Credit, and N.J.S.A. 34:15-40. Check the credit type that applies and enter the dollar amount, for example a Reopener Credit for the $28,000 already paid on the prior award. The Section 40 credit applies when a third party paid for the same injury, such as a car-accident settlement, and reduces what the carrier owes. A common mistake is failing to claim a bona fide voluntary tender, which lets the carrier avoid a penalty it should have paid for slow payment. Workers often think credits only help the carrier, but correctly recording them protects your right to penalties and keeps the balance accurate.
Medical Bills and Addendum Checkboxes (WC-100 Page 2)
Page 2 provides a MEDICAL BILLS (Doctors and/or Institutions) AND/OR MISCELLANEOUS INFORMATION area and checkboxes for ORDER FOR CHILD SUPPORT, MEDICARE ADDENDUM ATTACHED, and ADDENDUM ATTACHED. List any unpaid medical bills the order resolves, and check the boxes that match attachments, for example checking MEDICARE ADDENDUM ATTACHED when an MSA is included. The form also states the court finds the parties “adequately considered Medicare interest” and retains jurisdiction if a Medicare issue arises. A common mistake is checking ORDER FOR CHILD SUPPORT without attaching the support order, which the Probation Child Support authorities will flag. Filers sometimes think checking a box is enough, but each checked box requires the matching document physically attached.
Allowances — Medical Fee, Interpreter, Attorney Fee, Stenographic, Miscellaneous
Both forms share an ALLOWANCES grid with columns for REIMBURSE / TAX IDENTIFICATION NUMBER, TOTAL AMT. ALLOWED, PAYABLE BY PETITIONER, and PAYABLE BY RESPONDENT, with rows for MEDICAL FEE ALLOWED (report and/or testimony), INTERPRETER, ATTORNEY(S) FEE, STENOGRAPHIC SERVICE, and MISCELLANEOUS FEES. Enter each provider’s fee, who pays it, and the tax ID, for example an ATTORNEY(S) FEE of $15,750 split $11,025 by respondent and $4,725 by petitioner. The attorney fee in New Jersey is capped at 20 percent of the award by statute, and the judge sets the split. A common mistake is entering a fee over the 20 percent cap, which the judge will reduce on the spot. Many workers assume they pay the entire attorney fee, but the judge usually orders the carrier to pay most of it out of the award.
Section 20 Lump Sum Amount and Dismissal Language (WC-370)
The WC-370 states: “This is a lump sum settlement between the parties in the amount of $ ____ pursuant to N.J.S.A. 34:15-20 which has the effect of a dismissal with prejudice, being final as to all rights and benefits of the petitioner.” Enter the agreed lump sum, for example $45,000, knowing this is the complete and absolute end of the claim. The order also notes the payment counts as workers’ compensation “for insurance rating purposes only.” A common mistake is signing this form thinking the case can be reopened, when in fact a Section 20 ends all rights forever, including future medical. Workers often believe medical coverage continues after a Section 20, but it does not, so weigh future treatment needs before agreeing.
Reasons for Section 20 (WC-370)
The WC-370 requires a Reason(s) for Section 20 (check all that apply) with checkboxes for JURISDICTION, LIABILITY, CAUSAL RELATIONSHIP, and DEPENDENCY. Check every contested issue that justifies a full-and-final dismissal, for example CAUSAL RELATIONSHIP when the carrier disputes that the work caused the injury. A Section 20 is only proper where a genuine dispute exists, so this box explains to the judge why a dismissal, rather than a percentage award, is appropriate. A common mistake is leaving every box blank, which signals there is no real dispute and gives the judge a reason to reject the Section 20. Filers sometimes think the reason is a formality, but it is the legal basis the judge relies on to approve the dismissal.
Dependent Release — Page 2 (WC-370)
The WC-370 asks whether the settlement releases the rights of the petitioner’s dependents under N.J.S.A. 34:15-13, and Page 2 collects spouse and dependent signatures if the answer is “does.” Check does and complete Page 2 only when dependents agree to surrender their potential death-claim rights, and have each dependent sign with the date. The petitioner then certifies the listed individuals are the only dependents. A common mistake is checking does without obtaining the spouse’s signature, which leaves the release incomplete and unenforceable. Workers often think a Section 20 automatically binds the family, but dependents keep their own rights unless they personally sign this page.
Signature Blocks and Judge’s Signature
Both forms end with WE HEREBY CONSENT TO THE ENTRY AND FORM OF THIS ORDER AND ACKNOWLEDGE RECEIPT OF COPY, with lines for PETITIONER’S ATTORNEY, PETITIONER (where applicable), RESPONDENT’S ATTORNEY, and a JUDGE OF COMPENSATION signature with DATE. Sign where indicated, and make sure the petitioner signs the PETITIONER (where applicable) line in a Section 20 because the worker personally confirms the surrender of rights. The order is not final until the JUDGE OF COMPENSATION signs and dates it, after stating the settlement is “fair and just.” A common mistake is filing the order before the judge signs, which produces an unenforceable document. People often assume the parties’ signatures finish the deal, but only the judge’s signature creates the binding judgment kept on file under N.J.S.A. 34:15-121.
Three Filled-Out Examples Using Real Scenarios
These three scenarios follow named workers through the most common settlement paths so you can see how the fields connect.
Scenario 1 — Maria Lopez, 22.5% partial permanent award (WC-100). Maria, a warehouse worker, hurt her low back and settles for a percentage award she can reopen.
| Form Section | What Maria Enters |
|---|---|
| Case No’s. / Vicinage | 2022-18842 / Newark |
| Petitioner Name | Maria Lopez, 418 Grand St., Elizabeth, NJ 07202 |
| Date of Accident | 06/22/2022 |
| Weekly Wages / Rate | $1,000 / $700 |
| Permanent Disability | 22.5% partial total, lumbar spine |
| Permanent Awarded (Page 2) | 112.5 weeks at $700 = $78,750 less $0 = Balance due $78,750 |
| Attorney(s) Fee | $15,750, payable mostly by respondent |
| Medicare Eligible | NO |
Scenario 2 — Darnell Washington, Section 20 lump sum (WC-370). Darnell has a disputed shoulder claim the carrier says is not work-related, so both sides agree to a full-and-final dismissal.
| Form Section | What Darnell Enters |
|---|---|
| Case No’s. / Vicinage | 2021-30551 / Trenton |
| Petitioner Name | Darnell Washington, 77 Olden Ave., Trenton, NJ 08638 |
| Lump Sum Amount | $45,000 pursuant to N.J.S.A. 34:15-20 |
| Reason for Section 20 | CAUSAL RELATIONSHIP (checked) |
| Medicare Eligible | NO |
| Dependent Release | does not contemplate dependent release |
| Attorney(s) Fee | $9,000 within 20% cap |
| Petitioner Signature | Darnell Washington, signed and dated |
Scenario 3 — Janet Pearson, reopener percentage award (WC-100). Janet’s knee worsened after a prior award, so she reopens within two years and settles for a higher percentage with credit for prior payments.
| Form Section | What Janet Enters |
|---|---|
| Case No’s. / Vicinage | 2019-04477 / Camden |
| Re-Opened Last Award | Date 09/2019, Award 17.5%, Permanent Paid $28,000 |
| Permanent Disability | 27.5% of the right leg (knee) |
| Permanent Awarded (Page 2) | Gross for 27.5% less $28,000 prior = new Balance due |
| Credits | Reopener Credit, $28,000 (checked) |
| Weekly Wages / Rate | $950 / $665 |
| Attorney(s) Fee | 20% of the increase only |
| Medicare Eligible | YES, Medicare Addendum attached |
How to File the Completed Order
Settlement orders are usually entered at the hearing, but you can submit them through three channels depending on the vicinage and how your case is managed. There is no filing fee to enter a settlement order in New Jersey, because the cost of running the system is funded through assessments on carriers, not filing charges.
- In person at the hearing. The most common path is presenting the signed order to the Judge of Compensation at the settlement hearing in your vicinage office (for example, Newark, Trenton, or Camden). The judge questions the worker on the record, finds the deal fair and just, signs the order, and the clerk keeps the original; bring photo ID and keep the conformed copy the clerk hands back as your proof.
- Electronic filing through COURTS. Attorneys and carriers file and transmit documents through the Division’s COURTS (Computer-Online Update and Records Tracking System) electronic system; pleadings and orders move through this portal, and the conformed electronic stamp serves as proof of filing. Self-represented workers generally file at the vicinage rather than through COURTS.
- By mail to the vicinage. When a hearing is not required, a signed order can be mailed to the district office handling the case; send it to the specific vicinage address listed on the Division’s office directory, use certified mail, and keep the return receipt as proof the order was received.
Whatever channel you use, keep a fully conformed copy showing the judge’s signature and date, because that copy is what you present if payment is late or disputed.
What Happens After You File
Once the judge signs, the order becomes a binding judgment and the clock starts on payment. Under New Jersey practice, the carrier must pay the awarded amount within 60 days of the signed order, and a delay past 60 days can trigger penalties of interest and additional assessments. The Division keeps the signed original on file under N.J.S.A. 34:15-121, so you can always request a certified copy later.
What you keep after the order differs sharply between the two forms. After a WC-100 percentage order, you retain the right to reopen the case within two years of the last payment if your condition worsens, and your medical care for the injury can continue. After a WC-370 Section 20, the case is dismissed with prejudice, every right ends, and there is no reopener and no future medical for that claim.
If payment does not arrive, you can file a motion to enforce the order in your vicinage. The judge retained jurisdiction in the order, so the court can order payment, add interest, and impose penalties on a carrier that ignores a signed judgment. Keep your conformed copy and proof of the judge’s signature date, because the 60-day count runs from that date.
Mistakes to Avoid When Filling Out the Form
- Wrong or missing CP number. The order cannot be matched to your case, and the clerk rejects it.
- Math that does not balance on Page 2. Weeks times rate not equaling the gross is the top reason an order bounces back unsigned.
- Using current wages instead of wages at injury. This distorts the entire award and the weekly rate.
- Omitting prior permanent paid on a reopener. The carrier overstates the balance and later claws money back.
- Checking Medicare “No” when the worker is eligible. This risks a federal compliance problem and can void the deal.
- Leaving the Section 20 reason boxes blank. The judge sees no real dispute and refuses the dismissal.
- Missing the dependent signatures on WC-370 Page 2. The dependent release is incomplete and unenforceable.
- Attorney fee over the 20 percent cap. The judge reduces it and the order must be redone.
- Naming the wrong employer entity. The order may be unenforceable against the party that owes the money.
- Filing before the judge signs. An unsigned order is not a judgment and has no force.
- Transposing the carrier’s claim number. The check lands in the wrong file and payment stalls for weeks.
- Checking an addendum box without attaching the document. The order is incomplete and the judge sends it back.
Do’s and Don’ts
Do:
- Do confirm the form revision date (WC-100 r. 8/27/2015 or WC-370 r. 4/24/13) so you use the current version the judge will accept.
- Do double-check that weeks times rate equals the gross on Page 2, because that single calculation is checked first.
- Do list every CP number when multiple claims settle together, so no case is left open.
- Do record prior payments as credits, because they keep the balance accurate and protect your penalty rights.
- Do mark Medicare status honestly, since federal law requires Medicare’s interests be considered.
- Do keep a conformed copy with the judge’s signature date, because the 60-day payment clock runs from it.
Don’t:
- Don’t sign a WC-370 expecting to reopen later, because a Section 20 ends every right forever.
- Don’t guess the accident date, since an error can make the award look untimely.
- Don’t enter an attorney fee above 20 percent, because the judge will cut it and delay the order.
- Don’t leave the Section 20 reason boxes empty, as the judge needs a stated dispute to approve a dismissal.
- Don’t file the order before the judge signs, because parties’ signatures alone create no judgment.
- Don’t check an addendum box without attaching the actual document.
Pros and Cons of Filing on Your Own vs. With an Attorney
| Filing Pro Se (On Your Own) | Filing With a Workers’ Comp Attorney |
|---|---|
| Pro: You pay no separate attorney fee out of the award, keeping more of small settlements. | Pro: The attorney catches math and credit errors that bounce orders, speeding approval. |
| Pro: You control timing and deal directly with the judge at the hearing. | Pro: A lawyer knows whether a Section 20 or a percentage order protects your future better. |
| Pro: For tiny, undisputed awards, the form is short and manageable. | Pro: The attorney negotiates a higher percentage and a fair fee split with the carrier. |
| Con: You may misjudge whether to give up reopener rights in a Section 20. | Con: The attorney fee, capped at 20 percent, comes out of the award. |
| Con: A single math or credit error can delay your payment for weeks. | Con: You depend on the lawyer’s schedule for hearing dates. |
| Con: You face the carrier’s defense attorney without legal training. | Con: For very small awards, the fee may not feel worth it. |
WC-100 vs. WC-370: Which Order Fits Your Settlement
| WC-100 Percentage Order (Section 22) | WC-370 Dismissal Order (Section 20) |
|---|---|
| Pays a percentage of permanent disability over scheduled weeks. | Pays one lump sum with no weekly schedule. |
| Worker keeps the right to reopen within two years if worse. | Case dismissed with prejudice; no reopener ever. |
| Future medical care for the injury can continue. | No future medical for the claim. |
| Used when the injury and liability are accepted. | Used when jurisdiction, liability, causation, or dependency is disputed. |
| Requires a percentage and weeks that math out on Page 2. | Requires checked dispute reasons and possible dependent release. |
| Revision 8/27/2015. | Revision 4/24/13. |
FAQs
Do I write my maiden name or my married name in the Petitioner Name box?
No. Use the exact legal name on your claim petition and ID, whichever you filed under, so the order matches your case and the carrier can issue the check correctly.
Can I reopen my case after signing a WC-370 Section 20 order?
No. A Section 20 is a dismissal with prejudice that ends all rights and benefits forever, including future medical, with no two-year reopener.
Can I reopen after a WC-100 percentage order if my injury gets worse?
Yes. A percentage award under Section 22 lets you file to reopen within two years of your last payment if your condition worsens.
Do I need to check the Medicare Eligible box if I am under 65?
Yes. Check it based on actual status, because workers on Social Security Disability can be Medicare eligible before 65, and a wrong answer risks the settlement.
Is there a filing fee for the Order Approving Settlement?
No. New Jersey charges no fee to enter a settlement order, because the system is funded by assessments on insurance carriers.
Do I list every claim petition number in the Case No’s. box?
Yes. Enter all CP numbers being settled together, separated by commas, so the order resolves every case and no claim is left open.
Is the settlement final once my attorney and I sign it?
No. It becomes a binding judgment only when the Judge of Compensation signs and dates the order after finding it fair and just.
Does the carrier have to pay within a set time after the order is signed?
Yes. The carrier generally must pay within 60 days of the signed order, and a late payment can trigger interest and penalties.
Do I have to enter prior payments on a reopener WC-100?
Yes. Record prior permanent and temporary payments as credits, because they reduce the new balance and prevent the carrier from later clawing money back.
Can the attorney fee be more than 20 percent of my award?
No. New Jersey caps the workers’ compensation attorney fee at 20 percent of the award, and the judge sets how it splits between the parties.
Do my spouse and dependents have to sign anything on a Section 20?
Yes. If the WC-370 releases dependent rights under N.J.S.A. 34:15-13, each dependent must personally sign Page 2 for the release to be valid.
Does checking an addendum box mean I still attach the document?
Yes. Every checked box, such as Medicare Addendum or Order for Child Support, requires the matching document physically attached or the judge sends it back.
Can I file the order myself without going to a hearing?
Yes. When no hearing is required, you can mail the signed order to your vicinage, but most settlements are entered in person before the judge.
Does the percentage I enter directly set my payment amount?
No. The percentage converts into a fixed number of weeks under the statutory schedule, and weeks times your weekly rate sets the dollar award.
Related reading
- How to Fill Out California WCAB Compromise and Release + FAQs
- How to Fill Out Michigan WDCA Petition for Lump Sum Settlement + FAQs
- How to Fill Out the New Jersey Division of Workers’ Comp Application for Review or Modification of Formal Award (WC-368) + FAQs
- How to Fill Out the New Jersey Division of Workers’ Compensation Claim Petition (Form WC-365) + FAQs
- How to Fill Out New Jersey Form CN-10510 (w/Examples) + FAQs
- How to Fill Out New Jersey Form CN-11261 (w/Examples) + FAQs
- How to Fill Out California WCAB DWC-AD 1 (w/Examples) + FAQs