Problems with Identifying Work-Related Injuries in New Jersey
Not every on-the-job injury results from an obvious accident
The best advice for ensuring a trouble-free workers’ compensation claim in New Jersey is to report the accident immediately. It is vital to establish that your disability resulted from on-the-job activity, and the best way to do this is to create a record of the injury event at the time it occurred. However, in the real world, that’s not always practical or possible. Injuries may not be immediately obvious, or they can occur over time. Seigel Law can help you file a claim or fight a denial of benefits when the origin of your injury is in doubt.
Issues with proving the “on-the-job” nature of your injury
- Delayed reporting — Workers often defer reporting slips and bumps if they seem like no big deal at the time. Usually, they are just concerned about getting their jobs done and don’t want to invite criticism from higher-ups. The problem is that injuries can snowball. You may suddenly find yourself unable to complete your tasks without pain. But now you’ve got a problem proving the origin of your injury.
- Preexisting conditions — Any condition that predisposes you to injury can cast doubt on whether the damage resulted from work activity. You must demonstrate that your preexisting condition did not cause the harm. For example, if you have degenerative disc disease, but it was a fall on a staircase that caused your back pain, your case is likely to be complicated. When a preexisting condition and an on-the-job injury combine to cause disability, you must demonstrate that the condition was not the main contributor.
- Repetitive stress injuries — Repetitive work activities can irritate soft tissues and inflame joints, wearing the body down over time. Bursitis, carpal tunnel syndrome, degenerative disc disease, rotator cuff syndrome, tendinitis and tenosynovitis are common examples of conditions caused by constantly performing the same movements. While there is rarely an issue regarding work activities contributing to this type of injury, insurers may argue that a preexisting condition is the primary cause of your suffering.
Get help overcoming obstacles to your New Jersey workers’ compensation claim
Seigel Law helps injured workers file claims and appeal denials under the New Jersey workers’ compensation program. To schedule your free case assessment, call 201.444.4000 or contact our Ridgewood office online. If your injuries prevent you from coming to us, we can schedule appointments at your home or at the hospital. Through our contingency fee arrangement, you pay no attorney fees unless we obtain compensation for your injuries.