Have You Sustained a Hernia as a Result of Work? Read This!

In New Jersey you may be entitled to certain benefits if you suffer injuries arising out of your employment. Your injury may be as a result of a specific traumatic event may be occupational in nature. An injury that is occupational in nature develops over time as a result of repetitive movements or as a result of ongoing exposure to a dangerous condition.

Regardless of whether your injury is as a result of a traumatic event or as a result of an occupational exposure, in the event that your injury is arising out of your employment, you are entitled to certain benefits in New Jersey. These benefits include medical benefits, temporary benefits and benefits for any permanent residuals of your injury.

However, in the event that you have sustained a hernia as a result of your work effort, you are very limited in your time to report this to your employer. When a traumatic hernia is alleged, benefits will only be available to you if you provide notice of the hernia to your employer within 48 hours of the occurrence. The only exception to this rule is the exclusion of any Saturday, Sunday, or holiday.

Should your condition or injury cause the need for medical treatment, the workers’ compensation insurance company on behalf of the employer is to provide reasonable, necessary and causally related medical treatment in an effort to cure the condition or injury. This is to be provided without a financial cost to you and at the direction of the workers’ compensation carrier.

In addition, while receiving medical treatment, should the treating doctor advise that you are completely unable to work as a result of that medical condition, the carrier for the employer is to provide payment to you. This determination is made by the doctors authorized to provide medical care and there is a seven (7) day waiting period. Payment is made at the rate of seventy percent (70%) of the employee’s average weekly wage up to the yearly statutory maximum rate.

If the authorized physicians are of the opinion that you may work during medical treatment, but at a lesser capacity than their normal job requires, the employer may accommodate these medical restrictions. At that point, the insurance carrier is not obligated to continue to pay temporary benefits. However, should the employer not be willing or able to accommodate the medical restrictions, the carrier is to continue to provide temporary benefits.

In the event that you have permanent residuals from the injury or condition, you may be entitled to payment for same.

When an employee has suffered a hernia, the rights of the employee and the obligations of the employer remain consistent with any other injury, providing the employer was notified by the employee that the hernia occurred within 48 hours. If this strict deadline is missed, the employee has severely jeopardized his or her rights under the New Jersey law and all claims for benefits may be denied.

Should you believe that you have suffered an injury or condition as a result of a traumatic event or occupational exposure, it is important that you seek the assistance of experienced counsel to guide you through the process. This will help to insure that you receive all appropriate benefits under the law and assist in avoiding unnecessary delays.

At R.C. Shea & Associates, we have several attorneys that are experienced in assisting clients through this difficult time in your life. Please contact us in order to schedule a free consultation if you feel that this may be applicable to your personal situation.

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