RSD (Reflex Sympathetic Dystrophy)
The medical condition known as “Reflex Sympathetic Dystrophy,” or “RSD,” can be very painful and difficult to manage. Considered to be a form of a larger condition known as “Complex Regional Pain Syndrome,” or “CRPS,” RSD is a chronic condition that most often affects the sufferer’s extremities (hands, feet, arms, or legs). If RSD results from an on-the-job injury, accident, or illness, a worker may be entitled to receive workers’ compensation benefits, such as medical treatment at his or her employer’s expense, temporary disability payments, or permanent disability benefits. Unfortunately, work-related RSD cases can be challenging. At the Law Offices of Jonathan F. Marshall, our team of New Jersey workers’ compensation attorneys is experienced in handling these types of cases.
Most employers in the state of New Jersey are required to provide workers’ compensation benefits to employees who are hurt during the course and scope of their employment. Both the employee and the employer have certain obligations when it comes to a workers’ compensation claim. The worker should give the employer prompt notice of his or her claim, including a description of the accident (or illness, as the case may be) and the nature and extent of his or her injuries. The employer, in turn, has an obligation to secure appropriate and reasonably necessary medical treatment for the employee’s condition. An employee suffering from work-related RSD should not be expected to use his or her health insurance to seek medical treatment.Seeking Fair Benefits Under New Jersey Workers’ Compensation Laws
Workers’ compensation laws are built on a system of compromise. Before such laws existed, an employee was required to prove fault against his or her employer in order to recover damages. Not only did this require the employee to obtain evidence sufficient to build a case of negligence against his or her employer, but also it put the employee at risk of receiving a reduced amount of compensation if the employee shared in the responsibility for the accident that led to his or her injuries. Under more modern laws, however, the employee is barred from suing the employer directly for negligence under the exclusive remedy doctrine, but the full extent of damages that would have been available in a traditional negligence case does not apply. Sometimes the employee can file a third-party lawsuit against someone other than the employer. Most of the time, however, the employee’s sole legal remedy following a work-related injury is to file a claim for workers’ compensation.
In a workers’ compensation case involving reflex sympathetic dystrophy or another work-related medical condition, the employee receives benefits that include medical treatment and partial replacement of lost wages while he or she is recovering from the accident or illness. If the employee receives a permanent partial or total disability rating from a doctor for a work-related condition such as RSD, the employer may also be required to pay permanent disability benefits to him or her. The exact amount due can be a subject of great contention, so it is important for the injured worker to have an assertive attorney to stand up for him or her during the process of seeking maximum workers’ compensation benefits. In a workers’ compensation case, the employee does not receive compensation for pain and suffering, nor are punitive damages available, even if the employer was at fault.Hire a Knowledgeable Workers’ Compensation Lawyer to Pursue Your Claim
If you suffer from reflex sympathetic dystrophy as a result of something that happened on the job, you should talk to a New Jersey attorney who can help you file a claim for workers’ compensation benefits. At the Law Offices of Jonathan F. Marshall, we regularly advocate for workers who suffer from RSD, and we understand the unique challenges involved in these types of cases. To schedule a free consultation to discuss how our services can help you, call us now at (800) 999-0897 or contact us online. We represent people in communities such as Freehold, New Brunswick, Toms River, Jersey City, Plainfield, Trenton, Newark, Paterson, and the surrounding areas of Monmouth, Middlesex, Ocean, Hudson, Union, Mercer, Essex, and Passaic Counties.