Serving Workers Compensation cases in Trenton, Princeton, Pennington, Lawrence, and East Windsor NJ
Workplace injuries are more of a commonality than would be thought, given that employers are responsible for ensuring their employees’ safety through safe workplace conditions and training. However, despite an employer’s best interests and preparations, accidents and injuries happen. One way in which many employees get injured at work is by performing repetitive motions that the job requires. Carpal tunnel syndrome is an example of an impairment caused by repetitive motions, which creates inflammation in the arm’s tissues.
Although many employees develop carpal tunnel syndrome and other impairments due to on-the-job work and repetitive motions, it can be difficult to receive workers’ compensation benefits for this injury without supporting a skilled workers’ compensation attorney. Read on to learn why it is important to have the guidance of a workers’ compensation attorney and how to ensure that you receive fair compensation for a slow-building injury you developed on the job.
How do you receive workers’ compensation benefits for an occupational disease like a carpal tunnel?
Many workers, including doctors, nurses, dentists, dental assistants, mechanics, and countless others, use their hands and turn their wrists in repetitive motions throughout the day over the course of a long career. As one could imagine, this creates inflammation in the tissue or nerve damage and can create constant pain and difficulty in completing work tasks and regular day-to-day life tasks.
To receive workers’ compensation benefits for medical procedures and lost wages during recovery from the injury, as well as short- or long-term disability benefits if the injury keeps you from being able to perform your work and life functions to the extent that you had before, you must be able to prove that the carpal tunnel syndrome was caused specifically by your occupation.
New Jersey workers’ compensation law protects employers from being sued for worker injuries that occur on the job or due to occupation, provided they cover the costs of medical expenses an employee must take on, as well as any work lost. To receive these workers’ compensation benefits provided by the employer, one must file a workers’ compensation claim. Once you have reported your injury to your employer, which is wise to do immediately, you must file a workers’ compensation claim with your employer to set the process in motion. Without filing a claim – and then winning it – your employer will not be responsible in any way for financially compensating you for medical expenses, time lost, and other related financial damages.
What is necessary to win a workers’ compensation claim for carpal tunnel syndrome?
To file a successful claim regarding carpal tunnel syndrome or any other occupational disease developed through repetitive movement, an employee must prove that the repetitive movement that occurred on the job specifically caused the physical impairment. A workers’ compensation judge will be looking to ensure that three criteria are met: 1) that the petitioner can prove impairment, as evidenced by medical documentation or the expert review of a medical practitioner; 2) that the impairment has caused a disability, and 3) that the carpal tunnel syndrome was caused by the repetitive use of your arm at work.
What if the symptoms of the carpal tunnel appear after work?
In many cases, the carpal tunnel symptoms don’t appear for months or even a year after the repetitive motions that cause it. The New Jersey Statute of Limitations for filing a workers’ compensation claim states that an employee has two years from the injury’s onset to file a claim. Because of this occupational disease’s nature, however, a workers’ compensation judge may be open to when the ‘onset’ of the work that caused the pain and inflammation was. Even if you have since left the job at which you underwent this occupational hazard, you can file a workers’ compensation claim, assuming your timing falls within the limits of the Statute of Limitations.
Contact a member of our team today to seek support in your claim
Even if your workers’ compensation claim has been denied, it can be appealed. If your injury resulted from the negligence of some other party outside of your employer, there are also other avenues to seeking compensation for your medical expenses and lost wages during recovery, such as a personal injury claim.
Whether you have yet to file a claim or are looking to appeal, we are here to help you receive the benefits to which you are entitled. Contact our Workers’ Compensation for a free and confidential consultation at our Trenton office. We are here to represent you as you focus on your full recovery.
At The Law Office of Kamensky, Cohen & Riechelson, we successfully represent clients in Pennington, Lawrence, and East Windsor. Your rights and wellness are what we stand for.