By: Alan Rosenberg, Esquire
New Jersey’s Worker’s Compensation Law provides benefits for not only when workers suffer accidents, but also when a medical condition develops due to the nature of the worker’s job.
The latter situation is considered an occupational condition. It usually develops over time from repetitive motion particular to one’s job duties.
For example, many cashiers will develop hand, wrist or arm injuries, such as carpal tunnel syndrome, from performing scanning, bagging or other activities in their job.
As long as a doctor relates the medical condition to the person’s occupation, and the job duties which caused the condition are clearly part of the regular activities of the worker’s job, then an occupational condition claim can be pursued under New Jersey Worker’s Compensation Law.
The benefits provided are the same as if one suffered a specific accident on the job:
- The employer must provide appropriate medical treatment to the employee with an occupational condition;
- Temporary disability is paid to the employee for the period that the worker cannot work due to the medical condition;
- Permanent disability is paid if a functional loss of a permanent nature occurs from the occupational medical condition.
In general, occupational condition claims can present more difficult issues than accident claims. Trying to prove that a condition is related to a particular job can be hard when a person has worked for different employers over a period of time, doing the same type of work.
Also, an issue may exist when a person has a pre-existing or degenerative condition which is of the same nature as the occupational condition.
The law allows a claimant two years, from when one knew or should have known that a medical condition is related to the job, to file a workers compensation claim with the Court.
If you believe that you may have an occupational condition arising out of your employment, please contact me, Alan Rosenberg, for a free consultation to discuss your particular situation.
Alan Rosenberg
1040 N. Kings Highway
Suite 202
Cherry Hill, NJ 08034
Phone: (856) 755-3636
Fax: (856) 755-1015
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