Is a Stroke at Work Covered by Workers Compensation?

  • Dan T. Matrafajlo
  • Mon May 2024
  • Workers Compensation,
  • 0
Workers Compensation

When you suffer any type of work-related injury or medical condition, you may be entitled to compensation. On-the-job injuries also include medical conditions, such as a stroke or heart attack. A stroke can involve serious complications and often leaves victims disabled for life. If you or a loved one suffered a stroke while at work, you should consult with an experienced New Jersey accident attorney to determine if you are entitled to workers compensation benefits.

Is My Stroke Covered by Workers Comp Under New Jersey Law?

In New Jersey, whether a stroke at work is covered by workers’ compensation depends on several factors, of which the most important is whether it was work-related. Under New Jersey workers compensation law, for an injury or illness to be compensable, it must have arisen out of and occurred in the course of employment. This means that the stroke must be directly related to the individual’s job duties or work environment.

If a stroke occurs as a direct result of work-related factors, such as high levels of stress, exposure to harmful substances, or physical exertion required by the job, it may be considered a work-related injury and therefore covered by workers’ compensation.

However, if the stroke is due to pre-existing health conditions or unrelated factors, it may not be covered. Each case is unique, so it’s important to consult with a New Jersey workers compensation attorney or your employer’s human resources department to understand your specific situation and rights.

Types of Treatment for a Work-Related Stroke Injury

There may be many different types of treatment available post stroke. There is no doubt that you will need extensive treatment to recover, especially depending on the severity of the stroke you suffered while on the job. Some treatments and rehabilitation options for a work-related stroke can include using the:

  • Craniotomy model
  • Photo-thrombosis model
  • Neurorehabilitation model
  • Biomaterial model
  • Embolic stroke model
  • Endothelin-1 model

Workers Comp Benefits After an On-the-Job Stroke

Injured workers must be evaluated by a physician to determine how impaired they are and if the impairment is related to the job. Depending on the findings of the physician, you may be entitled to some or all of the following benefits:

  • Medical treatment
  • Temporary disability
  • Permanent disability
  • Supplemental job displacement
  • Return to work supplement
  • Death benefits paid to employee’s next of kin if the stroke is fatal

If your claim is denied, your attorney must file a formal appeal claim with the New Jersey Division of Workers’ Compensation. You must attend a hearing before a judge six months after the filing of your appeal. At the hearing, you will have the opportunity to testify and present evidence as to why your stroke is work-related and you are entitled to workers’ compensation benefits.

Call a New Jersey Accident Attorney

If you or someone you know has suffered any type of injury caused by the reckless or negligent actions of another party, an experienced New Jersey injury attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free consultation with our legal team today.

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Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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