It can be stressful when you get hurt at work. If you have a pre-existing condition, you may be asking the question, “Can you get workers’ comp for a pre-existing condition in New Jersey?” An attorney who understands how laws in New Jersey treat pre-existing conditions can work to get you the benefits you deserve.
The attorneys at Weisberg & Klauber, LLC, have decades of experience in navigating New Jersey workers’ compensation laws and procedures. We understand that any injury can be difficult; when your job is involved, it is even more complicated. We can explain your rights and pursue your rightful benefits.
New Jersey Workers’ Comp Explained
In New Jersey, workers’ compensation provides medical treatment, disability benefits, and income replacement to workers who suffer an injury or illness while on the job. In 2024, there were 65,300 new claims filed for workers’ comp in New Jersey’s private industries.
New Jersey follows a no-fault system. Employees, whether they work for a large company, such as McCain Foods in New Brunswick, or a small local store, can receive benefits, no matter who caused the accident or is responsible for the injury. Even if the employee was at fault, when an accident happens within the scope of their job, they can still receive workers’ compensation benefits.
What Is a Pre-Existing Condition?
A pre-existing condition is a medical problem that existed before an injury at work occurred. These injuries are not necessarily work-related and can include:
- Arthritis
- Respiratory conditions, such as asthma
- Back or neck injuries
- A heat condition
A pre-existing condition may be treated or untreated; it could be chronic, or it might be a condition that has been resolved. If you are injured at work or your work duties aggravate your previous condition, you may still qualify for workers’ comp benefits. For example, if you have respiratory problems and are exposed to dust at work, which makes it worse, you may be eligible for workers’ comp.
How Pre-Existing Conditions Affect Workers’ Comp
New Jersey law recognizes that an accident or injury at work can aggravate a pre-existing condition. If a work-related injury makes a condition worse, an employer’s workers’ compensation insurance may still be responsible for providing benefits. A few factors are necessary to determine eligibility. These are:
- Documented evidence from a medical professional that the incident caused a measurable change in the pre-existing condition
- A clear comparison showing the condition before and after the accident
- Reporting the symptoms as soon as possible after the incident
A pre-existing condition may affect how a disability is classified and how the insurance company may calculate benefits.
Proving That a Workplace Injury Aggravated a Pre-Existing Condition
To receive workers’ compensation benefits, it’s necessary to prove that your duties or an accident on the job caused or aggravated your pre-existing condition. It takes several steps to prove that you are eligible for benefits. These include:
- Report the injury. Immediate reporting is crucial. If you delay, the insurer is more likely to deny your claim than if you reported it as soon as it happened.
- Disclose your pre-existing condition. Don’t hide your condition. If it comes up later, it can work against you. Insurance companies typically go over your medical history very carefully. If they find that you are hiding something, they may have grounds to deny your claim.
- Seek medical care. Get medical care as soon as possible, and make sure your doctor documents the aggravation of the prior condition.
- Follow your doctor’s orders. Following the prescribed treatment plan shows good faith.
- Keep all records. Retain all documentation of doctor’s visits, treatment, and any work restrictions that result from the injury.
Why Hire a Workers’ Compensation Lawyer?
A workers’ compensation claim involving a pre-existing condition can be complex. Since it can affect the amount of compensation you receive, it’s often necessary to hire a workers’ compensation lawyer. They can guide you through the process of pursuing the benefits you are entitled to.
An attorney can gather the evidence for your workers’ comp case that shows how the work incident worsened your condition. They can consult medical professionals who can:
- Review your case.
- Determine what treatment was necessary for your previous condition.
- Compare that to what is necessary after the new injury.
FAQs
Can Workers’ Comp Be Denied for Pre-Existing Conditions?
It is possible for workers’ comp to be denied for pre-existing conditions in New Jersey, but it does not automatically disqualify you from getting benefits. It can make the claim more complicated, as it needs to be determined if the injury aggravated the existing condition. However, once proven, you are eligible for benefits.
What Do I Do If My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, and you have a pre-existing condition, you may need the help of a New Jersey workers’ compensation attorney who is familiar with workers’ comp laws. They can:
- Review your case.
- Determine if you were wrongfully denied benefits.
- Advise on whether you should pursue the claim further.
What Qualifies You for Permanent Disability in New Jersey?
In New Jersey, to qualify for permanent disability, a medical professional must determine that you cannot perform any type of employment. For workers’ compensation, permanent disability requirements are met when you can no longer improve from any further medical treatment. Workers’ comp disability payments will initially last for 450 weeks, but they can be extended with proof of continued incapacity.
What Is the New Jersey Second Injury Fund?
The Second Injury Fund covers the portion of benefits that are related to a pre-existing condition. It is for people who become totally disabled because of a combination of an injury at work and a pre-existing condition. The fund helps the injured worker while easing the financial burden of the employer.
Contact a Workers’ Compensation Lawyer
If you have been injured at work and want to know if your pre-existing condition can affect your benefits, Contact Weisberg & Klauber, LLC. We can look at your case, discuss the details, and determine what you are entitled to. We understand the tactics that insurance companies may use, and we can use this to improve your workers’ comp case.
