WEAR and TEAR injuries caused by repetitive strain at work can be debilitating and costly, especially if they keep you from working. Fortunately, these injuries are covered by workers’ compensation in New Jersey.
However, receiving benefits for a WEAR and TEAR injury can be challenging. One of the biggest challenges involves proving when your WEAR and TEAR injury occurred. In New Jersey, you only have 14 days to report your injury to your employer, and you must formally file your claim within two years of when you knew or should of known of an injury and its relation to your employment. With accident-related injuries, the date of injury is usually clear. But, with WEAR and TEAR injuries, it will not always be obvious when the clock starts to run.
Five Key Considerations for Determining the Cause of a WEAR and TEAR Injury
When it is not possible to determine the date of a WEAR and TEAR injury, the time periods for providing notice and filing a workers’ compensation claim generally runs from the date that an employee learns (or should have learned) that he or she has been injured. With this in mind, there are some important facts that workers who are suffering from WEAR and TEAR injuries in New Jersey need to know.
1. What Types of WEAR and TEAR Injuries Tend to Be Work-Related?
First, it is important to be aware of the types of WEAR and TEAR injuries that tend to be work-related. Not only must you be able to prove when you discovered your injury, but you must also be able to prove that you suffered your injury on the job. Oftentimes, employers and their insurance companies will attempt to deny WEAR and TEAR injury claims by claiming that employees’ conditions are not work-related. So, knowing what type of WEAR and TEAR injuries are common in your occupation is an important early step in the process of seeking workers’ compensation benefits.
Learn more: Causes of WEAR and TEAR Injuries at Work
2. How Do You Determine if Your WEAR and TEAR Injury Is Work-Related?
Beyond knowing that workers in your occupation tend to suffer your type of WEAR and TEAR injury, you also need to know that your current injury is related to your employment. This can be easier or more difficult depending on the type of injury you have, and you will need to work with a qualified physician in order to establish your claim for benefits.
3. When Should You Seek Help for a WEAR and TEAR Injury?
Given the importance of obtaining a timely and accurate diagnosis, it is also extremely important to know when you should seek help for a possible WEAR and TEAR injury. WEAR and TEAR injuries in different parts of the body can have different symptoms. Once you begin to experience symptoms, you should see a doctor promptly (note that you may need to see a “company doctor”). If you wait to seek treatment after experiencing symptoms, this could start the clock for your workers’ compensation claim based on the fact that you “should have known” about your WEAR and TEAR injury.
4. What Do You Need to Prove in Order to File for Workers’ Compensation?
In addition to seeking medical treatment, there are some other steps you will need to take in order to protect your ability to collect workers’ compensation benefits. If you have a compensable injury, you do not want to make mistakes that could make it more difficult to receive the benefits you deserve.
5. How Can You Make Sure You Receive Workers’ Compensation Benefits?
Finally, collecting workers’ compensation benefits is a process that can take time. This is especially true in WEAR and TEAR injury cases when employers and their insurance companies try to deny payment of benefits. The more you know, the better off you will be, and hiring an experienced local workers’ compensation lawyer will give you the best chance to secure benefits as quickly as possible.
Speak with a Highly Skilled Workplace WEAR and TEAR Injury Lawyer for Free
Are you experiencing symptoms of a WEAR and TEAR injury that you believe may be work-related? A WEAR and TEAR injury may be a legitimate workplace injury for which you should receive workers’ compensation benefits. If you believe you suffer from a WEAR and TEAR injury and it may be work-related, don’t be afraid to seek medical help. Let your doctor know you believe it is a workplace injury.
It is in your best interest to contact aggressive, knowledgeable legal counsel experienced in successfully representing employees with WEAR and TEAR injuries.
Petro Cohen, P.C. has been consistently recognized as one of New Jersey’s leading firms in the area of workers’ comp, and has a wealth of experience in WEAR and TEAR injury cases. The firm received the highest rating by Martindale-Hubbell – the world’s foremost authority on law firm credentials – in Professional Excellence and Ethical Standards and Legal Ability.
In addition to the firm’s stellar reputation, the department head, Frank Petro, is respected locally, regionally, and nationally as a leading attorney in this specialized field. He has been recognized as an outstanding attorney by Best Lawyers® every year since 1995 and by Super Lawyers® every year since 2005. Moreover, he has achieved a rating of “Superb” on the leading lawyer-review website, Avvo®, the highest achievable rating.
Along with Stephen M. Matarazzo, Suzanne Holz Meola, Terri Hiles, Steven Lubcher, and Daniel Rosenthal, our New Jersey workers’ comp attorneys have more than 100 years of combined experience, having successfully handled thousands of litigated workers’ comp cases throughout New Jersey. This experience and winning track record means that you are going to have a skilled New Jersey work injury lawyer who will work for you.
To discuss your workers’ compensation claim with a trusted attorney at Petro Cohen, P.C. in confidence, call us directly at 888-675-7607 or request a free consultation online today.