Filing New Jersey Workers’ Compensation Claim for Multiple Injuries
It used to be that if you or your NJ workers’ comp attorney was claiming more than one injury resulting from one work-related accident, the number of weeks you would be awarded workers’ compensation benefits would be entered and calculated separately. However, pursuant to the New Jersey Supreme Court ruling in Poswiatowski v. Standard Chlorine Chemical Co., multiple injuries are stacked when claiming workers’ compensation in New Jersey.
What Does Stacking Injuries Mean?
Pursuant to the ruling in the Poswiatowski case, multiple separate injuries arising out of the same work-related accident must be stacked. For example, prior to this ruling, if you had suffered three different injuries in one work-related accident, (e.g. injury to the back, hands and leg), your NJ workers’ comp attorney would need to calculate each injury separately at the lowest rate and add the total of each injury for a total compensation benefit.
However, since Poswiatowski, your injuries are cumulative and as such your award will be calculated based on the total of the amount of weeks for each injury added together. This ruling is beneficial to the claimant, since stacking multiple injuries in will ultimately yield higher benefits payments.
It should be noted that stacking does not apply to occupational diseases, which are always valued individually.
Contact an Experienced NJ Workers’ Comp Attorney
For more information about stacking multiple injuries or for general information regarding filing a workers’ compensation claim in New Jersey, call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
We will schedule a complimentary consultation with one of our experienced New Jersey workman’s compensation lawyers to provide you with the information you need and assist you in getting the maximum benefits to which you are entitled. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to better serve you.