New Jersey Workers’ Compensation: Proving Causation Involving Occupational Disease
Under New Jersey workers’ compensation law, employees are entitled to workers’ comp benefits for two types of injuries at work. The first is a sudden traumatic injury, which usually happens as a specific event at work. The second type is an occupational disease, which can show up from repetitive work activities, exposure to chemicals, or from other materials at work. In order to get benefits under either type of injury, your New Jersey work comp benefits lawyer must prove causation.
Causation Involving Occupational Disease
In order to get workers’ compensation benefits under New Jersey workers’ system, your occupational disease must be related in a material degree to conditions characteristic of or peculiar to a particular trade, occupation, process or place of employment. In other words, you must show that your disease was caused or significantly aggravated by your work.
If you had a preexisting disease or injury that was not work-related but is aggravated by an occupational disease, you are entitled to compensation. However, it must be noted that if your employer can prove any previous loss of function as a result of your preexisting condition, they may be entitled to credit.
Your New Jersey work comp benefits lawyer will work closely with your treating physician to get the necessary medical records to prove your case.
Difference Between Proving Causation for Accidents v. Occupational Disease
There is a difference in the level of causation required to prove an occupational claim and a claim arising from accidents. If you are suffering from a work-related accident, you are required to only prove a slight connection between the work-related cause and your injury.
On the other hand, a workers’ comp claim dealing with preexisting conditions and occupational claims requires you or your New Jersey work comp benefits lawyer to show a substantial connection, or a greater link, between the disease and your employment.
For more information about proving causation in a New Jersey workers’ comp claim, call New Jersey work comp benefits lawyer Dan Matrafajlo at (908) 248-4404.