Workers’ compensation is a vital safety net for employees who suffer injuries or illnesses due to their jobs. New Jersey designed workers’ compensation laws to protect workers and ensure they receive the benefits they deserve. Understanding the different types of workers’ compensation claims and the specific challenges associated with each is crucial for both employees and employers. This blog will explore common types of workers’ compensation claims, focusing on legal considerations relevant to New Jersey.
Overexertion Injuries
Overexertion is one of the most common types of workers’ compensation claims. These injuries occur when an employee strains themselves by lifting, pushing, pulling, or carrying heavy objects. For example, a warehouse worker in Camden may suffer a back injury after lifting a heavy box without proper support. Such injuries often lead to claims for medical expenses, lost wages, and rehabilitation costs.
According to New Jersey’s Workers’ Compensation Act (N.J.S.A. 34:15-7), an injury must arise out of and during employment to be compensable. It is essential to gather medical records and, if possible, witness statements to support the claim.
Slips, Trips, and Falls
Slips, trips, and falls are another prevalent type of workers’ compensation claim in New Jersey. These accidents can occur in various settings, from construction sites in Jersey City to office buildings in Trenton. A construction worker might slip on a wet surface, leading to a serious injury, or an office employee might trip over loose carpeting, resulting in a sprained ankle.
Legal challenges often arise when employers argue that the employee was negligent, or the hazard was not work-related. In New Jersey, workers’ compensation is a no-fault system, meaning employees can receive benefits regardless of fault. However, employers might use defenses such as intoxication or horseplay to contest the claim, so it is important to document the accident’s circumstances and consider legal representation.
Machinery Accidents
In industrial and manufacturing settings, machinery accidents are unfortunately common. An example might involve a factory worker in Pennsauken who gets their hand caught in a
machine, leading to severe injuries. These workers’ compensation claims often involve extensive medical treatment and long-term rehabilitation.
New Jersey law requires that employers maintain a safe working environment, including proper machine maintenance and employee training. However, mere negligence by an employer in failing to properly maintain a piece of equipment, for example, will generally not give rise to a claim for fault against an employer. On the other hand, if the machinery was defective, and someone other than the employer was responsible for the defect, there could be grounds for a third-party liability claim against the manufacturer.
Repetitive Stress Injuries (RSIs) or Wear and Tear Claims
Repetitive stress injuries, such as carpal tunnel syndrome, are common among office workers and employees who perform repetitive tasks. An administrative assistant in Northfield who spends hours typing each day might develop carpal tunnel syndrome, leading to a claim for workers’ compensation.
These claims can be difficult to prove because the injuries develop over time. In New Jersey, the statute of limitations for filing a workers’ compensation claim for an RSI/wear and tear claim is two years from the date the employee knew or should have known that the injury was work-related (N.J.S.A. 34:15-34). Proving the work-related nature of the injury often requires expert medical testimony.
Occupational Illnesses
Occupational illnesses include diseases or conditions that develop due to exposure to harmful substances or environments at work. For example, a firefighter in Camden exposed to toxic smoke might develop respiratory issues, or a chemical plant worker in Linden could contract a skin condition from repeated exposure to hazardous chemicals.
New Jersey law recognizes occupational illnesses as valid grounds for workers’ compensation claims. However, proving the connection between the illness and the workplace can be challenging, particularly if the symptoms manifest years after exposure.
Transportation Accidents
Transportation accidents are a significant risk for employees who drive as part of their job, such as delivery drivers or salespeople. A delivery driver in Cherry Hill might get into a car accident while on the job, leading to injuries that require medical treatment and time off work.
In New Jersey, transportation accidents fall under the purview of workers’ compensation if the employee acted within the scope of their employment at the time of the accident. However, once again, if a third- party caused the accident, you may also have a claim against the driver of the vehicle that caused the accident.
Legal Considerations
Workers’ compensation claims in New Jersey encompass a wide range of injuries and illnesses, from overexertion and slips and falls to machinery accidents and occupational illnesses. Each type of claim presents unique challenges, and understanding the legal considerations involved is crucial for securing the benefits to which you are entitled. If you or a loved one has suffered a work-related injury, contact Petro Cohen law firm to get the experience and guidance you need for your workers’ compensation claim.
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