One of the fundamental rules for eligibility for workers’ compensation benefits is that your injury must be “work-related,” either caused by or occurring on the job. With traumatic injuries, it’s often obvious whether or not the injury happened on the job. But other types of injuries may not be as clear cut. What about joint or tendon pain caused by repetitive stress or motion? What if you suffer a heart attack or a stroke, and you were under intense stress at work? What if you suffer a work-related injury that’s relatively minor, but it causes you to develop a more serious problem?

The bottom line—you need to convince the workers’ compensation judge that something about your work caused or contributed to your accident. Here are some examples:

• Suppose you have a debilitating stroke, either while at work or during your off hours. How can you get workers’ compensation benefits for that? The first thing you’ll want to do is document the full extent of any stress you experienced at work. If you have co-workers who can testify to your stress level, that can help. In addition, you’ll want expert medical testimony linking your stress level to the likelihood of a stroke, or at least to an increase in your blood pressure.
• Suppose you’re on the job and you get cut by a piece of metal. The wound may be minor and may not even prevent you from coming to work at all. But what if you seek medical treatment and have an allergic reaction to drugs the doctor prescribes, or what if you develop an infection because of the cut. These are known as "consequential injuries" and can be compensable in a workers’ compensation claim.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing injured workers across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-200-8989.