When you’ve been injured on the job, you have a right to seek benefits through a workers’ compensation claim. When your injuries are the result of a workplace accident, it’s often easy to meet the requirements of the law and secure benefits. However, when you’ve developed a painful condition because of repetitive stress, motion or actions, it can often be more difficult to establish a connection between your injury and your work.
NEW JERSEY RECOGNIZES REPETITIVE STRESS OR MOTION AS A BASIS FOR A WORKERS’ COMPENSATION CLAIM
In 1911, when the first workers’ compensation laws were enacted in New Jersey, there was no coverage for “non-accidental” injuries. You could still file a lawsuit, but had to incur the time and expense of litigation to get any relief. In 1924, New Jersey amended its workers’ compensation laws to allow for injuries caused by poisoning or chemical exposure, but it was another 25 years before the legislature allowed claimants to recover for cumulative or repetitive stress injuries.
Under current law, you can get workers’ compensation benefits for any injury or illness “arising out of and in the course of employment.” The injuries must be due, to a material degree, to “causes and conditions which are or were characteristic of or peculiar to a particular trade, occupation, process or employment.”
Accordingly, under the law as it exists now, you can recover compensation for a wide range of repetitive stress/motion injuries, provided you can show that they were caused by your job:
- Carpal tunnel syndrome and similar injuries caused by pushing, pulling, lifting or pressing over and over
- Neck, back, leg and other injuries caused by repeated lifting, standing, sitting, bending, kneeling or squatting
- Tendonitis or other connective tissue injury caused by repeated motions or stress
- Stress fractures or shin splints
CONTACT THE PERSONAL INJURY ATTORNEYS AT MALLON & TRANGER
We offer a free initial consultation to anyone who has suffered a needless injury. To set up a meeting, contact us online or call us at 732-702-0333 (toll free at ) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.