Pre-existing Injuries/Occupational Illnesses in Workers’ Comp Claims NJ
Since NJ and PA are no-fault states for workers’ compensation coverage, if you are injured on the job, specific laws exist which provide you with special rights and income benefits.
Workers’ compensation is mandatory insurance each New Jersey and Pennsylvania employer with at least one (1) employee must-have, which gives benefits to employees for work-related injuries or occupational illnesses. Since NJ and PA are no-fault states for workers’ compensation coverage, if you are injured on the job, specific laws exist which provide you with special rights and income benefits.
These benefits are critical because a catastrophic injury could prevent you from returning to work for an extended period of time. While you are recovering from your work-related injury, you and your loved ones will be deprived of a regular paycheck and possibly other forms of income. Further stressors to your financial situation are the need to pay expensive medical bills, necessary physical therapy treatments, other hospital services, and prescription medication. An experienced workers’ comp attorney can help you review your income benefits and ensure that your employer does not undervalue the types of compensation you can receive.
The personal injury and workers’ compensation lawyers at Kamensky Cohen & Riechelson (KCR) are strong advocates for the legal rights of injured workers. We have been helping clients file workers’ compensation claims in New Jersey and Pennsylvania since 1972. KCR will represent you throughout the legal process and stand by your side during settlement negotiations and in workers’ compensation court. We will see that you get the medical and income benefits you deserve.
Do I need to Prove Fault When Filing a Hamilton, NJ Workers’ Comp Claim?
NJ and PA state laws provide “no-fault” coverage, meaning workers are entitled to benefits regardless of who was at fault for their injuries. So, fortunately, you do not need to prove that anyone was at fault for causing your personal injury or accident in order to be entitled to various types of compensation. It’s your right to recoup lost income benefits, medical benefits, disability payments, or ongoing care benefits.
Can I Get Workers’ Comp for Pre-existing Conditions Worsened by Job Activities?
Are you worried that a pre-existing injury may prevent you from pursuing a workers’ compensation claim? Our Mercer County workplace accident attorneys know that as long as there is proof that shows your condition was “aggravated, accelerated or combined with the pre-existing disease or infirmity to produce the disability (temporary or permanent) for which the compensation is sought,” the law offer protections that ensure you can receive fair and timely compensation for your work-related injuries.
The most common injuries in aggravation or exacerbation cases include back injuries, knee injuries, respiratory damage, repetitive stress injuries, hearing loss, and muscle strains. If you have suffered one of these injuries, workers’ compensation should cover the costs of your medical treatment, as well as lost wages for the time you had to miss from work. If the aggravation injury prevents you from ever returning to work, you may be entitled to permanent disability benefits.
If you have been injured while performing a work-related task, your employer is responsible for your medical bills. Unfortunately, many employers fight workers’ comp claims and routinely deny medical benefits to injured workers. You should not have to pay for the necessary medical treatment resulting from a job-related injury.
My Workers’ Comp Claim Has Been Denied, Can I Appeal the Decision?
If you’re facing a workers’ comp claim denial for the worsening of a pre-existing condition, you need a workers’ compensation attorney who can help you fight for the benefits you deserve with a strong legal argument. We can help ascertain the facts surrounding your incident and will gather all the necessary documentation to show that your condition is work-related. Contact one of our workers’ comp attorneys today to begin building your case.
Can Dependants File For Death Benefits After a Work-related Accident or Illness?
The loss of a person’s life is particularly tragic when the person the family has depended on for financial support is no longer there. Death benefits from workers’ compensation won’t bring back your loved one, but it can help you get through the challenges of your financial situation. After the loss of a loved one, you should take time to be with your family, not struggling to pay mounting bills. Let a legal professional handle your workers’ compensation case and take care of legal matters. Call KCR today to protect your legal rights and ensure that your employer and their insurance company does not take advantage of your grief during this difficult time.
Contact our Pre-existing Injury or Occupational Illness Lawyers for Immediate Assistance
Kamensky Cohen & Riechelson is prepared to assist you with your workers’ compensation claim. We understand the hardships you face – medical bills, wage loss, pain and suffering, death of a loved one, and insurance companies that say “no.” We will personally work with you & guide you through the legal process.
We handle all workers’ comp cases on a contingency fee basis; we only get paid after you receive compensation for your illness.
Contact us online, email or call us at (609) 528-2596 from New Jersey or (215) 337-4915 from Pennsylvania, to schedule a free, no-obligation consultation with an attorney at our Trenton or Pennington offices.