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.
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
- 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 732-702-0333 (toll free at ) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.