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Workers Comp Denial

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New Jersey’s workers’ compensation laws provide crucial protection to employees who suffer work-related injuries or illnesses. These laws are designed to ensure that workers receive the necessary medical treatment and financial support. However, there are instances where employers or insurance companies may attempt to deny or delay workers’ compensation claims by citing preexisting conditions as a reason for denial. This article explores the question of whether a New Jersey workers’ compensation claim can be denied due to a preexisting condition. We will examine the legal aspects and provide guidance on how individuals with preexisting conditions can navigate the workers’ compensation system effectively.

Understanding Workers’ Compensation in New Jersey:

Workers’ compensation is a no-fault insurance system that provides benefits to employees who suffer job-related injuries or illnesses. It serves as a safety net to help workers with medical expenses, rehabilitation costs, lost wages, and related expenses. In New Jersey, employers are required to carry workers’ compensation insurance or be self-insured to cover their employees.

Understanding Pre-Existing Conditions:

Before discussing the workers’ compensation claim process, it is crucial to understand what a pre-existing injury is. A preexisting condition refers to any injury, illness, or medical condition that existed before the work-related incident. These conditions can range from chronic health issues to prior injuries or disabilities.

Workers’ Compensation and Pre-Existing Conditions:

In New Jersey, workers’ compensation laws are designed to protect employees who experience work-related illnesses or injuries, regardless of preexisting conditions. The key factor determining eligibility for benefits is whether the work-related incident aggravated or worsened the preexisting injury. If the work-related incident substantially contributed to the injury or illness, the employee may still be entitled to workers’ compensation benefits.

The Aggravation Rule:

In New Jersey, the law recognizes that employees with preexisting conditions are entitled to workers’ compensation benefits if the work-related incident aggravated or worsened the condition. This is known as the “aggravation of a preexisting condition” rule. Under this rule, an employer is responsible for any worsening or exacerbation of a preexisting condition caused by work-related activities. If the work environment or specific job duties accelerate the progression of the preexisting condition or cause a new injury, the employee may be eligible for workers’ compensation benefits.

Proving Aggravation:

To successfully prove the aggravation of a preexisting condition, it is essential to establish a clear link between the work-related incident and the deterioration of the condition. This can be done by presenting medical evidence that demonstrates how work activities directly impacted the preexisting condition. Expert opinions, diagnostic tests, and medical records can be instrumental in substantiating the claim.

The Last-Injurious-Exposure Rule:

In some cases, employees with preexisting conditions may encounter challenges when the work-related incident is not the sole cause of their injury or illness. New Jersey follows the “Last-Injurious-Exposure Rule,” which holds the employer responsible for workers’ compensation benefits if the most recent work-related incident is determined to be the primary cause of the injury or illness, regardless of any preexisting conditions.

Exceptions and Apportionment:

In certain cases, when a preexisting condition contributed to the overall disability, workers’ compensation benefits may be apportioned accordingly. Apportionment involves allocating responsibility between the preexisting condition and the work-related incident. Even in such cases, the injured worker may still be eligible for partial benefits based on the extent to which the work-related incident aggravated their condition.

Contact New Jersey Workers Compensation Lawyer Today To Schedule A Free Consultation About Your Workplace Injury

If you have experienced a work-related injury or illness in New Jersey, the team at New Jersey Workers Compensation Lawyer is here to help. We understand the complexities surrounding workers’ compensation claims, especially when preexisting conditions are involved. Our experienced attorneys have a deep understanding of New Jersey’s workers’ compensation laws and are dedicated to fighting for the rights of injured workers.

At New Jersey Workers Compensation Lawyer, we prioritize our clients’ well-being and strive to make the legal process as smooth as possible. If your claim has been denied due to a preexisting condition, don’t lose hope. We will advocate tirelessly on your behalf, ensuring that you receive the full benefits and compensation you deserve. Don’t let a denied workers’ compensation claim discourage you. Contact us today for a confidential consultation. Let us fight for your rights so you can focus on your recovery and rebuilding your life.