The persistent, aching pain of bursitis can make even the simplest tasks feel monumental. For many New Jersey workers, this condition isn't just a personal health issue—it's a direct result of their job. Whether you're a mechanic constantly kneeling on hard concrete, an office worker leaning on your elbows at a desk all day, or a warehouse employee performing the same lifting motion hundreds of times a shift, your daily duties can inflame the small, fluid-filled sacs called bursae that cushion your joints.
When this happens, you may find yourself unable to work, facing mounting medical bills and lost income. The good news is that the New Jersey workers' compensation system is designed to help. However, securing benefits for a condition like bursitis, which often develops gradually, presents unique challenges. This article explains how you can successfully file a claim for workers’ comp for bursitis and why the help of an experienced attorney can make all the difference.
Recognizing Work-Related Bursitis
Bursitis is the inflammation of a bursa, a small sac that acts as a cushion between bones, tendons, and muscles near your joints. When a bursa becomes irritated, it can cause significant pain, swelling, and stiffness. While a sudden impact can cause traumatic bursitis, it more commonly develops from repetitive pressure or overuse of a joint.
In the context of a job, the condition is known as an occupational injury or repetitive stress injury. It’s not caused by a single, identifiable accident but by the cumulative effect of performing certain tasks over weeks, months, or even years.
Common work-related causes of bursitis include:
- Prolonged Kneeling or Crawling: Often affects the knees (prepatellar bursitis), common for plumbers, carpet layers, and construction workers.
- Repetitive Lifting or Reaching: Can lead to shoulder bursitis (subacromial bursitis), frequently seen in stock clerks, painters, and assembly line workers.
- Constant Pressure on Elbows: A risk for desk workers, drivers, and mechanics who lean on hard surfaces, causing elbow bursitis (olecranon bursitis).
- Repetitive Hip Movements: Affects movers, drivers, and athletes, leading to hip bursitis (trochanteric bursitis).
Because these injuries develop slowly, many workers mistakenly assume the pain is just a part of getting older or a minor ache they have to live with. However, under New Jersey law, if your job duties are a material cause of your condition, you are entitled to benefits.
Qualifying for Workers’ Comp for Bursitis in New Jersey
To have a successful workers' compensation claim for bursitis, you must meet the legal standard set by New Jersey law. Your bursitis must "arise out of and in the course of employment." Let's break down what the law means.
- "In the Course of Employment": This part is usually straightforward. It means the injury-causing activities happened while you were performing your job duties at your workplace or another location required by your employer.
- "Arising Out of Employment": This is often the more contested part of a bursitis claim. You must establish a direct causal link between your work activities and your medical condition. You need to show that your job exposed you to a risk of developing bursitis that is greater than the risk faced by the general public.
Proving this connection requires strong evidence. Insurance companies are often skeptical of repetitive stress injury claims and may argue that your bursitis was caused by a pre-existing condition, a hobby, or normal degenerative aging.
To build a strong case, you will need:
- A Clear Medical Diagnosis: Your doctor must officially diagnose you with bursitis. Medical imaging like an MRI or ultrasound can help confirm the inflammation.
- A Medical Opinion on Causation: This is perhaps the most important element. You need a medical expert, typically your treating physician or an independent medical examiner, to provide a professional opinion in writing that states your job duties were, to a reasonable degree of medical probability, a substantial contributing cause of your bursitis.
- Documentation of Your Job Duties: A detailed description of your daily tasks, including the frequency and duration of repetitive motions, can help connect your work to the injury. Witness testimony from coworkers can also support your claim.
- Timely Reporting: You must report your condition to your employer as soon as you know it is work-related. In New Jersey, you generally have 90 days from the date you knew or should have known that your condition was caused by your work.
Common Obstacles When Filing a Workers’ Compensation Claim for Bursitis
Filing a claim for an occupational disease like bursitis is often more complicated than filing for an injury from a one-time accident, like a fall. Insurers frequently raise defenses to deny or minimize these claims.
One common defense is to blame pre-existing conditions. The insurance company's doctor might review your medical history and argue that you had underlying arthritis or a previous injury in that joint that is the true cause of your pain. However, New Jersey law recognizes that a work injury can aggravate or accelerate a pre-existing condition. If your job duties made a dormant or minor issue significantly worse, your condition is still compensable.
Another challenge is proving that the workplace exposure was the primary cause. The insurer might point to your weekend hobbies, like gardening or playing sports, as the source of your bursitis. This is why having a detailed medical report linking your specific job functions to the inflammation is so essential for your case. An experienced workers' compensation lawyer knows how to counter these arguments by gathering the right evidence and presenting it effectively.
What New Jersey Workers’ Comp Benefits Cover
If your claim is approved, you are entitled to specific benefits designed to help you recover physically and financially. A successful workers’ compensation claim for bursitis provides three main types of benefits.
Medical Treatment
Your employer's workers' compensation insurance must cover 100% of all reasonable and necessary medical care related to your work-induced bursitis. This includes:
- Doctor visits and consultations with specialists.
- Physical therapy and rehabilitation.
- Prescription medications, including anti-inflammatory drugs.
- Medical procedures like cortisone injections or, in severe cases, surgery to drain or remove the inflamed bursa.
- Diagnostic tests such as X-rays, MRIs, and ultrasounds.
It is important to remember that the insurance company has the right to direct your medical care by choosing the authorized treating physician.
Temporary Disability Benefits
If your doctor determines that you cannot work at all while you recover from bursitis, you are eligible for temporary disability benefits. These benefits are intended to replace a portion of your lost wages. In New Jersey, this amounts to 70% of your average weekly wage, up to a maximum limit set annually by the state. You receive these payments until you are able to return to work or you reach what is known as "maximum medical improvement" (MMI)—the point where further treatment is not expected to improve your condition.
Permanent Partial Disability Benefits
Even after your medical treatment is complete and you've returned to work, your bursitis may have caused permanent damage to your joint. You might have ongoing stiffness, reduced range of motion, or chronic pain that impacts your ability to perform daily activities. In these cases, you can receive permanent partial disability (PPD) benefits.
These benefits are a monetary award based on the percentage of functional loss to a specific body part. A doctor will evaluate your condition after you reach MMI and assign a disability rating. This rating is then used to calculate a specific award amount based on a schedule established by New Jersey law. This is compensation for the permanent impairment, not for lost wages.
Why a New Jersey Workers’ Comp Attorney Is Essential When Filing a Claim for Bursitis
Navigating the complexities of a bursitis work injury claim on your own can be difficult. The insurance company has a team of adjusters and lawyers dedicated to protecting their bottom line, which often means denying or devaluing your claim. A skilled workers' comp attorney ensures fair treatment for all parties involved.
A New Jersey workers' compensation lawyer can:
- Handle All Paperwork and Deadlines: Ensure your claim is filed correctly and on time to avoid procedural denials.
- Gather Critical Evidence: Help you obtain the necessary medical reports and expert opinions to prove your bursitis is work-related.
- Communicate with the Insurer: Manage all communications with the insurance adjuster so you can focus on your recovery.
- Fight Claim Denials: If your claim is denied, your attorney will file a formal Claim Petition and represent you in the Division of Workers' Compensation.
- Negotiate a Fair Settlement: Your lawyer will fight to ensure you receive the maximum benefits you are entitled to for medical treatment, lost wages, and permanent disability.
The legal process for occupational disease claims is nuanced. An experienced workers' comp lawyer understands the medical and legal arguments needed to overcome the insurance company's defenses and secure a favorable outcome for your case.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you are suffering from bursitis that you believe was caused by your job in New Jersey, do not wait for the insurance company to deny your rights. The legal team at Brandon J. Broderick, Attorney at Law, is dedicated to fighting for injured workers. We understand the tactics insurers use to fight bursitis and other repetitive stress injury claims, and we know how to build a case that proves the connection between your work and your condition.
Contact us today for a free consultation. We will review your case, explain your legal options, and guide you through every step of the workers' compensation process. Let us handle the legal battle so you can focus on what matters most—your health and recovery.