Proving Causation In a New Jersey Workers’ Compensation Claim
The New Jersey workers’ compensation system is a no fault system, meaning that negligence is imputed if the injury arises out of and in the course of employment. As such, if you suffered a workplace injury, you will need to enlist the assistance of a New Jersey workman’s comp attorney to successfully prove that your injuries resulted from the work incident in order to qualify for benefits.
In order to establish that your injury was sustained in the course and scope of employment, you have the burden of proving that your injury resulted from an activity incident to your employment, or in some way related to your status as an employee.
Additionally, State Statute and court cases indicate that the work event only has to be “a” cause, and not the one and only cause of an injury, for it to be covered under a workers’ compensation claim. Similarly, the same holds true for establishing disability resulting from a workplace injury.
Your New Jersey workman’s comp attorney will look at the specific facts surrounding your case in proving the necessary connection between your employment and the injury you suffered.
Obstacles To Your Burden of Proof
Your employer will take as many steps possible in order to make your burden of proof insurmountable. Employers generally focus on subsequent injuries, idiopathic events, other pre-existing conditions, “natural” causes, and injuries arising while you were merely going to or coming from work.
Your New Jersey workman’s comp attorney can provide you with more information with regard to the various obstacles your employer may use to deny you workers’ compensation benefits.
For more information about proving causation in a New Jersey workers’ comp claim, call New Jersey workman’s comp attorney Dan Matrafajlo at (908) 248-4404.