Wear and tear injuries, often referred to as cumulative trauma injuries, develop over time due to repetitive stress or motions in the workplace. Unlike sudden accidents, these injuries can be harder to pinpoint in terms of when they began, making the process of filing a workers’ compensation claim in New Jersey more complex. Understanding the wear & tear injury statute of limitations is crucial for preserving your right to compensation.
What Is a Wear & Tear Injury?
Wear and tear injuries occur gradually, often affecting joints, muscles, and tendons. Common examples include carpal tunnel syndrome, tendonitis, and back injuries. These conditions are typically the result of repetitive tasks, poor ergonomics, or prolonged strain on specific body parts over time. Due to the gradual nature of these injuries, workers might not immediately recognize the severity or cause, which can delay seeking medical attention and filing a claim.
Understanding the Statute of Limitations
In New Jersey, the statute of limitations for filing a workers’ compensation claim is generally two years from the date of the injury. However, for wear and tear injuries, the clock does not necessarily start ticking on the first day of work or even when the pain begins. Instead, the wear and tear injury statute of limitations typically begins on the date the worker knew or should have known that the injury was related to their job. Accordingly, a worker would have to file a claim within 2 years from the date on which the claimant first knew the nature of the disability and its relation to the employment.
This specific rule is significant for cumulative trauma injuries because symptoms often develop gradually. For instance, a worker might experience occasional discomfort that they attribute to normal work strain, only to discover later that the issue is a significant injury related to their job. In such cases, the statute of limitations would start from the date they became aware of the work-related nature of the injury.
Exceptions to the Rule
While the two-year statute of limitations is standard, some exceptions might extend or alter this timeframe.
Delayed Discovery
If an employee does not immediately connect their symptoms to their work, the statute of limitations may be extended. This extension applies until they reasonably should have known their injury was work-related.
Employer Fraud or Misconduct
If an employer misleads an employee about the nature of their injury or discourages them from filing a claim, the statute of limitations could be tolled (paused).
Aggravation of Pre-existing Condition
If a worker has a pre-existing condition aggravated by their job, the statute of limitations may begin on the date the aggravation became apparent, not the original injury date.
The Legal Process and Challenges
Filing a workers’ compensation claim for a wear and tear injury involves several steps.
Medical Evaluation
The first step is to see a medical professional to document the injury. This documentation is crucial for proving that the injury is work-related.
Notice to Employer
In New Jersey, employees must notify their employer about the injury immediately. While there is no strict deadline for this notification in wear and tear cases, delaying could complicate the claim.
Filing the Claim
Employees should file the workers’ compensation claim with the New Jersey Division of Workers’ Compensation. Adhere to the statute of limitations, as filing after the deadline could result in losing the right to compensation.
Legal Representation
Due to the complexities surrounding wear and tear injuries and the statute of limitations, seeking legal counsel is often necessary. An experienced attorney can help navigate the intricacies of the claim, gather crucial evidence, and advocate on behalf of the injured worker.
Understand Your Rights
The wear & tear injury statute of limitations in New Jersey is a critical aspect of workers’ compensation law that injured workers must understand to protect their rights. Given the nuanced nature of these injuries, early recognition and prompt action are key. Suppose you suspect your injury is related to your job. In that case, it’s important to consult an experienced workers’ compensation attorney who can help you navigate the statute of limitations and ensure the filing of your claim within the appropriate timeframe.
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