New Jersey recognizes two separate and distinct types of workers’ compensation claims; traumatic accident claims and occupational disease claims.
What is a Traumatic Accident Claim?
A claim for a traumatic work accident usually involves a one-time trauma wherein an employee sustains an injury, such as a slip and fall, motor vehicle accident, lifting, or injuries that are caused by an employee being crushed by equipment or materials. All these things occur at work and often require immediate medical treatment. When an accident occurs at work, the most important thing to remember is to notify your employer as soon as possible. If you cannot immediately notify your employer because of the nature and extent of your injuries, then seek medical treatment and notify your employer as soon as reasonably possible.
In a traumatic accident claim, an employee must be able to demonstrate that the injury occurred during the course of employment and that the injury arose out of his or her employment.
What is an Occupational Disease Claim?
The second type of claim that New Jersey recognizes is what is known as an occupational disease claim. Included in these types of claims are many types of repetitive motion type injuries, such as carpal tunnel syndrome, radial tunnel syndrome, aggravation of the lower back, cervical spine degenerative arthritis, and tendonitis. A repetitive stress injury happens when workers perform the same motions over and over again over a period of days, months, or even years. These injuries often occur due to poor work ergonomics and improper training by employers. Just about any orthopedic problem can be claimed as a repetitive stress injury. Over exertion injuries can all be claimed under New Jersey’s occupational disease statute, even if you have not been involved in a traumatic accident. Orthopedic injuries can result from:
- Overusing muscles
- Vibrating equipment
- Carrying heavy loads
- Constant direct pressure to specific area
- Forceful activities
- Poor posture
- Non-ergonomically designed workspaces
New Jersey’s occupational disease statute also covers exposures in the workplace, such as chemicals, fumes, and other respiratory irritants that can result in pulmonary or neurological disability. In addition, New Jersey recognizes claims for asbestosis, chronic bronchitis, cancer, sick building syndrome, allergy claims, and stress claims when it is not based on physical trauma.
Every occupational disease claim requires proof of the injury and that the injury was caused by your occupation.
There are vastly different laws that govern each of these types of claims. There are different statutes of limitation, notice provisions, and different proofs that must be established in occupational disease claims versus traumatic accident claims. Moreover, your employer or their workers’ compensation insurance carrier has the right to request different discovery in each type of claim. For these reasons, it is beneficial to contact an experienced lawyer immediately that will help you with your claim.
Cherry Hill Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP Will Help You with Your Work-Related Injury or Illness
Whether you have been injured in a traumatic accident or believe that you have been injured due to conditions arising out of your job, contact one of our Cherry Hill workers’ compensation lawyersat Pietras Saracino Smith & Meeks, LLP. Our knowledgeable and experienced lawyers will fight to obtain the utmost compensation you rightfully deserve for your injuries so you can focus on your recovery. Contact us online or call us at 856-761-3773 for a free consultation. Located in Cherry Hill, New Jersey, we serve clients throughout South Jersey, including Camden, Cinnaminson, Delran, Maple Shade, and Pennsauken.
