Under New Jersey law, if you can show that you were injured and that the injury occurred during the regular course of your employment, you have a right to seek workers’ compensation benefits to cover lost wages, as well as medical expenses. The workers’ compensation laws are designed to provide a more streamlined process for recovering benefits after the negligence of your employer or a co-worker. But what if you are injured because of the malfunction of a tool, machine or piece of equipment? Do you still have a claim against the manufacturer or designer of the defective product? If so, does that prevent you from filing a workers’ compensation claim?

Your Right to File a “Third Party” Claim

If you have been hurt because of the careless design or manufacture of a tool, machine or piece of equipment used in your job, you have what is known under the law as a “third party” claim. The workers’ compensation laws cover only those injuries caused by your employer or a co-worker. For those types of injuries, the workers’ compensation system is your exclusive remedy—you may not file a civil suit to recover for those injuries. There are advantages and disadvantages to this system. While you can start receiving benefits within a couple weeks (provided your application for compensation is approved), you will be limited to a specific benefit, based on your average weekly wage for the past 52 weeks.

With a third party claim, you won’t be limited to a specific damage award, but it can be months or years before you see any compensation, as the case must go through the civil courts, as well as any civil appeals. You can actually file a workers’ compensation and a third party action simultaneously, but you cannot recover twice for the same losses. For example, if you recovered benefits for medical expenses in a workers’ compensation claim, you cannot recover for those same medical expenses in a civil suit.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a personal injury related to work. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Under the workers’ compensation laws in New Jersey, recovery of benefits is not limited to injuries sustained in traumatic accidents. You can seek compensation for repetitive stress or motion injuries, as well as any losses sustained because of a disease or illness caused by your employment. This blog post provides an overview of the types of claims that may be the basis of an occupational disease claim in New Jersey.

At the Law Offices of Mallon & Tranger, we offer a free initial consultation to anyone who has contracted or developed an illness caused in whole or in part by conditions at work. For an appointment with an experienced New Jersey occupational illness attorney, contact us online or call our office at 732-410-6094 (toll free at 877-320-0692).

Your Right to Recover for an Occupational Illness

You don’t need to suffer a traumatic or repetitive stress injury on the job to qualify for workers’ compensation benefits under New Jersey law. If your job involves exposure to dangerous chemicals or other toxic substances, and you have developed any type of medical condition, from cancer or skin rash to respiratory ailments, you can file a claim for benefits. However, if you previously sought medical treatment for the illness, or if you were actually diagnosed with a the illness before working for your current employer, you can’t recover benefits, unless you can show that your current employment aggravated your condition.

Typical occupational disease claims include Mesothelioma or asbestosis, as well as leukemia or other conditions related to exposure to benzene. Workers’ compensation benefits are also available if you suffer from silicosis or asthma, and you can show that your disease was caused by exposure to particulates or other substances at work.

Other types of illnesses for which New Jersey workers’ compensation benefits may be available include certain long-term allergic reactions, exposure to HIV/AIDS or similar conditions (as a nurse or medical worker), and stress-related heart pathologies.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a personal injury. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

In New Jersey, if you have been injured at work, you have the right to seek benefits for lost wages, as well as for any medical expenses incurred. To recover benefits under a workers’ compensation claim, you must demonstrate that you suffered a covered injury, and that the injury was sustained while you were performing the duties of your job. There are a wide range of injuries that qualify you for workers’ compensation benefits, but there are also specific injuries where you will not be able to obtain compensation.

Covered Injuries

Almost any physical injury sustained on the job entitles you to workers’ compensation benefits. This may include joint or muscle injury, cuts, abrasions, or repetitive stress/motion injuries, such as carpal tunnel syndrome or certain forms of tendonitis. Workers’ compensation benefits can also be recovered for certain types of mental illnesses, provided you can prove a link between your job and your condition. You may also be able to recover compensation for illness arising out of exposure to dangerous or unhealthy conditions at work, including exposure to toxic substances.

Injuries specifically covered by workers’ compensation include:

• Traumatic brain injury or spinal cord trauma
• Broken bones
• Head, back or neck injury
• Knee, elbow, shoulder, hip, ankle or wrist injury
• Loss of sight or hearing
• Scarring or permanent disfigurement
• Burns
• Amputation or loss of limb
• Wrongful death

Situations Where Workers’ Compensation Benefits Are Not Available

As a general rule, you cannot recover workers’ compensation benefits in the following circumstances:

• You were hurt while engaging in conduct that violated the law
• You suffered injury because of the use of alcohol or illegal drugs
• A pre-existing condition will generally preclude you to compensation, unless you can demonstrate that it was aggravated by your current job.
• An attack by a co-worker or any other person motivated by reasons not related to your job
• Your own attempts to injure yourself

Contact the Law Office of Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a workplace injury. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

There are many ways that you can be injured on the job. The common perception, though, is that, to qualify for workers’ compensation benefits, you must have been hurt in a traumatic accident. What if your injury didn’t come about because of a single incident—lifting, bending, carrying—but was the result of months or years of doing the same thing over and over? Can you recover workers’ compensation benefits for debilitating injuries caused by repetitive stress or motion on the job? The answer is yes. To qualify for workers’ compensation benefits in New Jersey, you need only show two things: you were injured and the injury happened at work.

Coverage for Repetitive Stress or Motion Injuries

If you run a machine at work, you know that, even with routine maintenance, the machine starts to break down after performing the same operation time and time again. The human body is the same way. The constant repetition of certain types of motions, or exposure to certain types of stress, can overtax your joints and connective tissue, leading to serious pain.

Other types of repetitive motion or stress injuries can be more difficult to show. Repetitive actions using your hands, such as typing, punching a cash register, clicking a mouse or assembling a product, can lead to carpal tunnel syndrome. Repeatedly lifting even a tiny amount can cause inflammation of nerves, particularly when there’s little or no recovery time.

Jobs that put mental or emotional stress on you on a regular basis—working as a law enforcement officer, firefighter or paramedic, for example—can cause a lot of physical stress to your body organs, and can cause heart attack, stroke or other conditions.

Contact Mallon & Tranger

We offer a free initial consultation to workers in New Jersey who have been hurt on the job. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.