Repetitive strain injuries can be caused by ongoing, tedious activities, stress and/or heavy lifting, and is categorized as a form of "wear and tear" injury. However, you may be wondering if a repetitive strain injury is covered under New Jersey's workers' compensation program.
Workers' compensation benefits are, in fact, available to those who suffer repetitive strain injuries at work, although they may be subject to more stringent requirements than in normal cases. An employee will need to offer solid proof that their injury was caused by their job in order to establish that it was work-related. This is because the injury and cause of a repetitive strain injury are not as obvious as those of other injuries.
It's always best to speak to an experienced New Jersey workers' comp lawyer about the specific circumstances of your injury and whether it qualifies for workers' comp. Brandon J. Broderick, Attorney at Law, has helped countless people with their workers' comp cases.
Injuries That Develop Over Time
Workers frequently experience injuries as a result of their job tasks over time. Even employees who take safety steps to safeguard themselves at work still run the risk of suffering an illness or injury related to their line of work. By definition, repetitive motion injuries happen when a person does the same movement over and over again. Carpal tunnel syndrome is an example of an injury that develops gradually. This condition occurs when the nerves and tendons in the wrist's carpal tunnel are compressed, resulting in tingling and numbness. None of these injuries could be linked to a specific workplace incident. However, practically all of them are typical injuries that employees develop as a result of the ongoing workplace tasks.
When Should You Report Symptoms or a Workplace Injury?
Typically, you must tell your employer about your injuries within 14 days of the incident, in order to be eligible for workers' compensation benefits. If you have a valid cause for not informing your employer right away of an at-work injury, you may be able to wait up to 90 days. These deadlines may not make sense in the case of injuries that take time to manifest. However, if you inform your employer within 90 days of first realizing your injuries, you can file a claim that will likely be granted.
For instance, even though an injury resulting in hearing damage takes time to manifest, you should notify your employer the moment you see any symptoms, such as ringing in the ears or hearing loss. Next, get medical attention as soon as you can.
Seeking Medical Care
Receiving medical care after a work injury is an important stage in filing for workers' compensation. In order to establish the connection between the injury and your job duties, an immediate medical assessment is especially important in cases of repetitive strain injuries. The most important source of proof for your workers' compensation claim will be the documents that your doctor records.
Based on how the ailment was caused and your job duties, a medical professional can assess your injury and identify the reason. If a patient spends the most of their day typing, for instance, a doctor might diagnose carpal tunnel syndrome as work-related since typing is a prominent cause of carpal tunnel syndrome, which is an example of a repetitive strain injury.
Deadlines For Filing a Workers' Comp Claim in New Jersey
The process for filing a workers' compensation claim has deadlines. To begin with, you must inform your employer of the injury as soon as you can. In fact, if you wish to be eligible for full compensation, you must tell your employer within 30 days of the job injury. You have up to 90 days, but if you notify your employer after the first 30 days, the benefits you receive may be less. Additionally, it is advised that you inform your employer in writing so that this cannot be contested. It's never recommended to just alert them verbally.
The amount of time you have to file your claim is another deadline in a New Jersey work injury claim. An injured worker must file a formal claim in New Jersey no later than two years following the date of the injury or the final payment of compensation, whichever occurs first. If your condition falls under the category of an "occupational disease," such as hearing loss or a repetitive motion injury, you have two years from the day you first became aware of it to submit a claim.
It's important to speak with a workers' compensation attorney for assistance with your claim if you want to ensure that you obtain the full amount of medical benefits that you are entitled as well as lost income while you are recovering.
The NJ Employment Lawyers Will Aid You In Your Workers' Comp Case
If you're encountering problems with your workers' compensation claim, you might have options. A workers' comp attorney in New Jersey can examine your case, weigh the evidence, and then file an appeal on your behalf.
An accident at work can be unpleasant, especially if it prevents you from returning to your job. Despite the fact that New Jersey laws are intended to provide you with coverage for lost income and medical care, getting workers' compensation is not always straightforward.
Contact Brandon J. Broderick, Attorney at Law as soon as possible to set up an appointment to evaluate your case.
We have helped clients across the state of New Jersey. We have locations in Edison, Newark, Toms River, Paterson, Jersey City and Cherry Hill to name a few.