If you’re working in New Jersey and suffer from a cardiovascular injury, you might be wondering if you can receive workers’ compensation. Cardiovascular injuries can be serious and life-altering, and understanding what’s required to claim compensation can feel overwhelming. In this article, JFM Law will walk you through the specific requirements to get workers’ compensation for a cardiovascular injury in New Jersey, explaining everything you need to know.
Workers' Compensation Lawyer for Cardiovascular Injuries
Facing a cardiovascular injury at work in New Jersey? You don’t have to go through this on your own. If you’ve suffered a heart attack, stroke, or other serious cardiovascular issues related to your job, it’s crucial to take steps to protect your rights. Employers and insurers may try to downplay or deny your claim, but JFM Law is here to stand with you. Your health and financial stability matter, and we’re ready to listen and help you move forward. Call (732) 333-6621 or reach out online for a free consultation. Our workers’ comp attorneys have offices in Freehold, Toms River, and New Brunswick, serving workers across the state.
What Is Workers' Compensation in New Jersey?
Workers' compensation is a system that provides benefits to employees who are injured or become ill because of their work. In New Jersey, employers are required by law to carry workers' compensation insurance. This means that if you get hurt or sick on the job, you should be able to receive medical treatment and compensation for your lost wages, no matter who was at fault.
But, when it comes to a cardiovascular injury like a heart attack or a stroke, the rules are a bit different. Workers' compensation is not automatically granted. You will need to prove certain things to qualify for benefits.
What Is Considered a Cardiovascular Injury?
Heart attacks, strokes, and other cardiovascular injuries can be linked to work, especially in high-stress environments or jobs with physically demanding tasks. Stress, long hours, and high-pressure situations can lead to elevated blood pressure, which increases the risk of heart attacks and strokes. For example, professions involving constant deadlines or high responsibility, such as law enforcement, emergency responders, or high-level management, can increase stress levels, affecting heart health.
Physically demanding jobs, such as construction, can also strain the cardiovascular system, potentially triggering heart attacks in workers with pre-existing conditions. Exposure to harmful substances like carbon monoxide or extreme heat can further exacerbate cardiovascular risks, leading to sudden medical events. Lack of breaks, poor working conditions, and inadequate health monitoring can worsen these risks, making workplace factors a significant contributor to cardiovascular injuries.
What Must You Prove to Get Workers’ Compensation for a Cardiovascular Injury?
To receive workers’ compensation for a cardiovascular injury, you must prove two main things:
- The injury was caused by your work.
- The injury was more than just wear and tear from daily life.
Proving That Your Work Caused the Cardiovascular Injury
Under New Jersey law, specifically NJ Statutes § 34:15-7.2, you need to prove by a "preponderance of credible evidence" that your cardiovascular injury was caused by your work. This means you must show that it is more likely than not that your job caused your heart attack, stroke, or other cardiovascular problems.
It’s important to understand that the law doesn’t require you to prove that your work was the only cause of the injury. Instead, you must show that your job contributed to the injury in a meaningful way.
For example, if you already had high blood pressure but your work caused extra stress or physical strain that led to your heart attack, you may still be eligible for workers’ compensation.
The Injury Was More Than Just Wear and Tear
The second thing you must prove is that the cardiovascular injury was caused by something more than the normal "wear and tear" of life. The law states that your injury must be produced by “work effort or strain involving a substantial condition, event, or happening in excess of the wear and tear of daily living.”
What does this mean? It means that you need to show that something unusual or especially difficult happened at work that triggered your heart attack or stroke. If your job requires you to perform heavy lifting or you’re exposed to extreme stress or physical exertion, this may count as an event beyond the usual wear and tear of life.
What Is “Material Degree” in Cardiovascular Claims?
In New Jersey, your work must have contributed to the cardiovascular injury in a “material degree.” According to NJ Statutes § 34:15-7.2, your job needs to have played a significant role in causing your heart attack or stroke.
For example, if you work in a high-stress environment, like being a police officer or a firefighter, and you experience a heart attack after being involved in a very stressful situation, you can argue that your work caused your injury in a “material degree.”
What If You Had a Pre-Existing Condition?
One question many workers have is whether they could get workers’ compensation for a cardiovascular injury if they already had heart problems or high blood pressure. The answer is yes, but with a condition.
Under New Jersey law, your pre-existing condition doesn’t disqualify you from benefits as long as you can show that work stress or physical strain made the condition worse or triggered the injury.
Steps to Prove Your Cardiovascular Injury Is Work-Related
Document the Injury Right Away
As soon as you experience symptoms of a cardiovascular injury, make sure to report it to your employer. If you feel chest pain, shortness of breath, or other symptoms of a heart attack or stroke at work, don’t wait. Seek medical attention immediately and notify your supervisor.
Get Medical Documentation
Medical records are crucial for proving your case. When you seek treatment for your cardiovascular injury, make sure to inform your doctors about the type of work you do and the specific work activities that led to the injury. Your doctor’s notes and medical opinions will play a big role in proving that your job contributed to your heart attack or stroke.
In some cases, your employer’s workers’ compensation insurance may ask for a second opinion from a doctor they choose. This is normal, and you should cooperate with the process, but make sure you have your own medical records and doctors backing your claim.
Keep Track of Stress or Physical Exertion at Work
It can be helpful to keep a journal or record of the stress or physical activities you experience at work, especially if you work in a high-stress job or perform physical labor. Write down details about any unusually stressful days, long hours, or physically demanding tasks that may have contributed to your injury.
This kind of documentation can help show that your job involved more than just normal daily activities and that it contributed to your cardiovascular injury.
Defenses Employers May Use
Employers or their workers' compensation insurance companies may try to deny your claim, and they might use several defenses to do so.
One common defense is to claim that your heart attack or stroke was caused by personal factors, like a pre-existing condition, obesity, smoking, or family history of heart disease. However, as mentioned earlier, if your work made your condition worse or contributed in a material degree to your injury, you may still qualify for benefits.
Another defense is to argue that the injury wasn’t caused by something beyond the normal wear and tear of life. That’s why it’s so important to have evidence of work stress or physical strain that was more than just ordinary.
How a Workers’ Compensation Lawyer Can Help
Building Your Case
A lawyer can help you collect the medical records, witness statements, and expert opinions you need to prove that your job caused your cardiovascular injury. They know what kind of evidence is most persuasive to the Division of Workers’ Compensation and can make sure your case is as strong as possible.
Filing Paperwork Correctly and On Time
There are strict deadlines for filing workers’ compensation claims in New Jersey, and missing them can harm your case. A lawyer can ensure all paperwork is filed on time and correctly, so your claim doesn’t get denied due to a technical error.
Handling Denials and Appeals
If your employer’s insurance company denies your claim, a lawyer can help you challenge the denial. They can guide you through the appeals process, represent you in hearings, and fight to get you the compensation you deserve.
Maximizing Your Benefits
A lawyer can help ensure that you receive all the benefits you’re entitled to, including medical treatment, lost wages, and any permanent disability benefits if applicable. They will also make sure that your employer’s insurance doesn’t cut off benefits too soon or deny necessary medical treatment.
Frequently Asked Questions
What is workers' compensation?
It provides medical benefits and wage replacement to workers injured or sick due to their job in New Jersey.
What qualifies as a cardiovascular injury?
Heart attacks, strokes, and other conditions affecting the heart and blood vessels caused by work stress or physical strain.
Do I automatically get compensation for a cardiovascular injury?
No, you must prove the injury was caused by your work and beyond normal daily wear and tear.
How do I prove my cardiovascular injury is work-related?
You need medical evidence showing that work significantly contributed to your cardiovascular injury.
What is "wear and tear" in workers’ compensation?
It's normal daily life strain. You must show your work caused more strain than this to claim compensation.
What does "material degree" mean in cardiovascular claims?
Your job must have contributed to the injury in a significant and noticeable way.
Can I get compensation if I had a pre-existing condition?
Yes, if your work worsened the condition or triggered the cardiovascular injury.
What should I do immediately after a cardiovascular injury at work?
Report it to your employer and seek medical attention immediately to establish the injury’s connection to your job.
How can I document work-related stress or strain?
Keep a journal noting stressful events or physically demanding tasks that may have caused or contributed to your injury.
Can my employer deny my cardiovascular injury claim?
Yes, they might argue it’s due to personal factors or normal wear and tear, but medical evidence can support your case.
New Jersey Workers’ Compensation Attorney for Heart and Stroke Claims
If you’ve experienced a cardiovascular injury at work, you don’t have to handle the situation alone. Whether it’s a heart attack or stroke, we understand how work-related stress or physical strain can have serious impacts on your life. Employers and insurers may not always make it easy to get the support you need, but we’re here to help. From the start of your claim to challenging a denial, JFM Law workers’ comp lawyers are ready to step in, ensuring your voice is heard and your case is taken seriously. Reach out today for a free consultation—call (732) 333-6621 or contact us online. Let’s work together to secure the benefits you need for your recovery.