Attorneys Explaining Compensable Types of Workplace Injuries in Newton
Getting compensation for non-traumatic injuries
If you go to work and are hit by a falling object or injured by a machine, it is fairly clear that workers’ compensation should cover that injury. However, not all cases are so clear. An increasing number of workers’ compensation claims involve injuries that cannot be traced to a single traumatic event. While these types of workplace injuries are supposed to be covered, proving that they are work-related can often be a challenge. At Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C., we have helped workers in Warren and Sussex Counties deal with these types of cases for nearly 50 years. We know the special issues they raise and what evidence we need to get you the compensation you deserve.
What types of injuries does workers’ comp cover?
Workers’ compensation covers any type of injury arising from and sustained during the course of your employment. This broad definition means that there are potential benefits available for several types of injuries:
- Traumatic physical injuries — This is the most common type of workplace injury. It involves an easily identifiable incident that causes an easily identifiable injury, such as a fall from a ladder resulting in a broken arm. The issues in these cases are usually only the extent and severity of the injury.
- Repetitive stress injuries — These types of cases are more challenging and involve workplace injuries that cannot be traced to a single incident. Instead, these injuries come about after months or years of repetitive and unnatural movement. Some examples include carpal tunnel syndrome, tendonitis and disorders of the back.
- Occupational diseases — Similar to repetitive stress injuries, occupational diseases cannot be traced to a single incident, but instead stem from prolonged exposure to an environmental condition in the workplace. Some examples are cancers and skin conditions from chemical exposure, respiratory issues from airborne irritants or hearing loss from high noise levels.
- Mental stress and disability — Cases involving workplace injuries with a mental health component are the most challenging to prove. Nevertheless, they are usually compensable when supported by proper evidence.
Mental health issues and New Jersey workers’ comp
Mental health injuries are often the most difficult types of cases, but our attorneys are up to the challenge if it appears that compensation is warranted. These types of workers’ compensation cases generally fall into one of the following categories:
- Physical-mental — This is when an on-the-job traumatic event results in a disabling mental condition, usually an anxiety disorder. This type of condition can be compensable if it is supported by objective and reliable medical evidence.
- Mental-physical — This is when a mental stressor results in a physical injury, such as stress at work leading to a heart attack. These types of injuries may be compensable if there is reliable evidence that the mental stress that caused it arose from employment.
- Mental-mental — This is the most difficult type of case to prove, although the law in New Jersey is more forgiving than in many other jurisdictions. A mental health disability caused by a mental stressor can be compensable if medical evidence convincingly links the disability to a mental stressor and that mental stressor was due in some realistic sense to a risk reasonably incident to the employment. In other words, while you do not need to show that you were under extraordinary stress at work, you do need to show that your stress was an objectively reasonable reaction to your work conditions.
Contact Newton workplace injuries attorneys who understand occupational disease
Our workers comp attorneys at Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. have fought for injured and suffering workers in Sussex, Passaic, Morris and Warren Counties for nearly 50 years. We are prepared to take on the difficult cases, including those involving occupational disease, repetitive stress injuries and mental health issues. Call our Newton office today at 862-273-3465 or contact us online to schedule a free initial consultation with one of our workers’ compensation attorneys.