Posts Tagged ‘Back Injury’
Does a Pre-Existing Condition Affect Workers’ Compensation in New Jersey?
You slip and fall at work in New Jersey Whether it was a power cord at the office or spilled liquid on the restaurant’s floor, you are likely entitled to workers’ compensation for medical costs resulting from this fall. For instance, if you injured your neck or badly sprained a wrist trying to break the fall.
These injuries could even keep you from work for multiple days, weeks, or more. Then, you would be entitled to disability benefits under workers’ compensation in New Jersey. However, these injuries were not entirely new. You hurt your neck in a softball game four years earlier or broke your wrist rollerblading last summer and it stayed tender and fragile.
Do these old injuries change anything? If you had a pre-existing condition, of any kind, does it affect your right to workers’ compensation under New Jersey law?
Broad Right to Workers’ Compensation in New Jersey
New Jersey workers’ compensation is available to all employees who suffer a job-related injury. This includes employees who acted negligently. It even applies to incidents that involve the recklessness or negligence of a third party. This policy is not only protective of employees who accept risk of injury as part of their job duties, but keeps employers accountable for training, safety standards, and oversight.
The law in New Jersey even covers exacerbation or acceleration of a pre-existing condition. Employers and insurance companies are prohibited from denying workers’ compensation benefits due to a pre-existing condition. Further, how the original injury …
Read MoreWhat to Do if You Hurt Your Back at Work in New Jersey?
If you injure your back while on the job there are a number of practical and legal steps that are required down the road. Eventually, a workers’ compensation claim will need to be filed with the Division of Workers’ Compensation in New Jersey. However, at the onset there are two immediate concerns for an injured employee. The first is seeking medical attention; and second, employees need to inform their employer of the injury.
Seek Medical Attention
In the event of a workplace injury, health and safety concerns are incredibly important. Care should be taken not to aggravate or worsen the injury, and if necessary, a visit or admittance to the hospital should be arranged. The sooner you obtain medical care, the better for ensuring the injury heals properly and when it comes to providing documentation and proof of the injury in a workers’ compensation claim.
Inform Your Employer ASAP
The other task of high importance after experiencing a back injury, whether from lifting a heavy object or moving something bulky, is to inform an employer. Reporting an injury to an employer will eliminate disputes and problems down the road.
In some instances, employees feel that they do not require immediate medical attention. Perhaps, in the act of lifting a heavy object you felt strain on your back. There was a brief spasm of pain and then it subsided. You go throughout your workday with some mild discomfort, but it does not progress to anything serious, so you do not tell …
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