New Jersey Workers’ Compensation Benefits When the Symptoms of Your Disease Finally Manifest
When there is a lack of evidence as to what work condition activated or caused your workplace injury, you will be entitled to workers’ compensation benefits from the last employer or insurance carrier during whose employment or coverage the symptoms of your disease was disclosed. Your workers’ compensation lawyer in New Jersey will help you get the benefits to which you are entitled once your symptoms become apparent.
Applying the Bond Doctrine
In certain situations, an employee may be exposed to work conditions that activate or cause a workplace injury or disease, but the symptoms of which may not manifest until a later time. The employee cannot get workers’ compensation benefits until there is a manifestation of the symptoms, even where the workers’ compensation lawyer in New Jersey can clearly prove that causation existed.
But the employee is not left without recourse once the symptoms are identified. In Bond v. Rose Ribbon & Carbon Mfg. Co, the New Jersey Supreme Court held that if an employee is exposed to work conditions sufficient to cause a disease, but the existence of the disease remain unknown and undisclosed, the last employer or insurance carrier during whose employment or coverage the disease was disclosed under is held liable. In other words, under the Bond Doctrine, total responsibility is placed on the carrier or employer at the time of final exposure of the disease.
The purpose of the Bond Doctrine is to ensure that the employee remains entitled to full compensation when the symptoms of his or her work-related disease or injury manifest.
For more information about the Bond Doctrine or getting workers’ compensation benefits once the symptoms of your workplace injuries become apparent, call New Jersey work comp benefit attorney Dan Matrafajlo at (908) 248-4404.