The New Jersey Workers’ Compensation Courts are very liberal when determining whether an alleged work injury or illness is compensable and workers’ compensation benefits be awarded.
What types of injuries are covered and what is the standard of proof for each:
- Traumatic or “single occurrence” claims.
Traumatic injury claims are governed by N.J.S.A. 34:15-7. Such claims involve one-time trauma, physical or psychiatric in nature. In Brunell, the court defined accident as an “unexpected event or mishap resulting in injury.” Brunell v. Wildwood Crest Police Department, 176 N.J. 225, 236-237, 248 (2003).
Compensation is provided for injuries arising out of and in the course of employment, without regard to negligence. The burden of proof is on the employee to prove the case by a preponderance of the evidence. N.J.S.A. 34:15-7. Preponderance of evidence means more likely than not.
Cardiovascular or cerebral vascular injuries are compensable if, by a preponderance of credible evidence, the injury is produced by the work effort or strain involving a substantial condition in excess of the wear and tear of the Petitioner’s daily living and in a reasonable medical probability caused in a material degree the cardiovascular or cerebral injury. Material degree means an appreciable degree or a degree substantially greater than de minimus. N.J.S.A. 34:15-7.2.
With the low threshold for the burden of proof and the liberal view of the Workers’ Compensation court, one should not be deterred in applying for workers’ compensation benefits.
- Occupational disease (including respiratory and repetitive use).
All diseases arising out of and in the course of the employment which are due in a material degree to causes and conditions which are or were characteristic of or peculiar to a particular trade, occupation, process or place of employment are compensable. N.J.S.A. 34:15-31(a).
Under N.J.S.A. 34:15-31, occupational disease claims involve injuries caused by repetitive activity or exposures over a period of days, months, or even years.
Examples of occupational illnesses/diseases include Covid- 19, Anthrax, Asbestos or Lead poisoning, Mercury poisoning, Arsenic poisoning, Phosphorous poisoning, poisoning from benzene and its homologues, and all derivatives thereof, Wood alcohol poisoning, Chrome poisoning, Caisson disease, Mesothorium or radium poisoning, Carpal tunnel syndrome when not caused by trauma, cancer claims, stress claims when not based on physical trauma or one-time incidents.
What, if any, injuries or claims are excluded?
In occupational disease cases, the following claims will not be compensable: Deterioration of a tissue, organ or part of the body in which the function of such tissue, organ or part of the body is diminished due to the natural aging process thereof is not compensable. N.J.S.A. 34:15-31(b).
Idiopathic Injuries: Injuries caused by a purely personal condition having no work connection whatsoever.
Ie: Heart attack or epileptic seizure unrelated to work. However, even if a fall is determined to be idiopathic and thus not work related, any injury resulting from the fall is compensable.
Subsequent Injuries unless its directly connected in a chain of physical causation with the compensable injury. (ex. of a compensable subsequent injury: Petitioner fell while walking on crutches on his way to receive treatment for a work-related injury).
What psychiatric claims or treatments are compensable?
Psychiatric claims can be compensable provided there is demonstrable objective medical evidence that such injuries are connected with the employment. Such evidence must consist of an independent professional analysis apart from the base statement of the employee. See Saunderlin v. E.I. DuPont Co., 508 A.2d. 1095 (N.J. 1986). The New Jersey Supreme Court further defined an “objective material degree” by stating that objectively stressful working conditions must be “peculiar” to the individual’s workplace. Goyden v. State, 256 N.J. Super. 438, 607 A.2d 651, aff’d 128 N.J. 54 (1992).
The claim can also be compensable when employee who develops a psychiatric reaction to a perceived physical condition which he reasonably believes he had but in fact did not suffer from. Wernowski v. Continental Can Co., 618 A.2d 882 (N.J. Super. Ct. App. Div.1993), certif. denied, 627 A.2d 1142 (N.J. 1993).
However, when an employee’s worrying is not based on the events, which actually took place involving the employee but only what might have happened to the employee, the case will not be compensable. Stroka v. United Airlines, 835 A.2d 1247 (N.J. Super. Ct. App. Div. 2003). Mrs. Stroka was a flight attendant, scheduled for work on September 11, 2001, but requested a day off. She filed a worker’s compensation claim because she developed a post-traumatic stress syndrome as a result of 9/11 events. Appellate Division reversed the prior award and held that condition was not work related.
Why Should I Hire a Workers’ Compensation Lawyer?
It is critical for any employee who suffered a workplace injury to consult with knowledgeable lawyer as soon as possible. In the majority of workers’ compensation cases, the injured worker is in need of proper medical treatment. Workplace injuries are what prevent countless employees from being able to get back to their jobs. A dedicated attorney can help you receive appropriate medical treatment for your injuries so you can focus on healing.
An attorney can take care of your workers’ compensation case from start to finish. They can file your claim in a timely manner, pursue maximum compensation, and handle appeals on your behalf.
Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams Help Employees Handle all Workplace Injury Claims
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
