New Jersey Workers’ Compensation Attorney | Mental Injuries
If you are stressed at work, it is natural to wonder whether or not you have grounds to file a workers’ compensation claim. There are a few critical questions that need to be answered early on in the management of your claim to figure out if you are entitled to pursue a claim under the New Jersey workers’ compensation system.
The first question is whether or not you experienced stress that has led to a permanent impairment. You must then ask, whether it can be proved that the cause of your stress was related to your work. Finally, the third critical question for the management of your workers’ compensation claim is whether the stress for your position was above normal at the time you suffered an injury.
Stress based claims are not the typical basis for a workplace related injury and yet they can still form the basis of a legitimate recovery of workers’ compensation benefits. Stress related claims are psychological and not physical in nature. Because of this, there is higher standard of proof that must be delivered by the petitioner in order to recover New Jersey workers’ compensation benefits. These stress related claims can be vague at best and also present your New Jersey workers’ compensation attorney with a challenging and unique case.
How Stress Can Contribute to a Serious Injury
No matter what job you currently work in, there are levels of stress that may fluctuate over time and each individual may handle these levels of stress differently. This natural reaction from being in situations that cause heightened levels of mental distress or anxiety can lead to, in some cases, physical manifestations. In certain situations, stress could even lead to permanent impairment and this is where a New Jersey workers’ compensation claim may become viable.
What You Must Prove with a Stress-Related NJ Workers’ Comp Claim
Petitioners in New Jersey who believe they have a stress related claim have to establish that the injury caused a permanent condition where they have lost part or all use of a body part.
In the case of a physical injury pursuing a New Jersey’s workers compensation claim like that, this is usually not that hard to prove; however, with a psychological injury, the permanency requirement and the cause of the injury present unique problems of proof that should always be evaluated by a New Jersey workers’ compensation attorney directly.
Medical evidence has to be presented to illustrate a compelling case. In many New Jersey workers’ compensation cases that are not prepared properly, job related stress claims may fall short of the necessary burden of proof. However, it is likely that if you have a severe case of stress related problems associated with your job in New Jersey, you may also have physical limitations that have emerged as well.
As soon as this is noted, you need to report your concerns to your employer and schedule a consultation with a New Jersey workers’ compensation lawyer. This is so that you have a better understanding of what is involved in filing a claim and to determine whether or not such a claim is viable.
Without a lawyer at your side, it is easy to make mistakes in your case and to fail to meet the standard of proof required in these comprehensive and difficult cases. Don’t wait to get help from an attorney as there is a lot on the line for you and your future. Whether you have grounds for a mental or a physical workers’ comp claim, you need help from an attorney immediately.
Contact Us
To arrange a private meeting, contact us by e-mail or call our office at 908-200-2297. Evening and weekend meetings are available upon request. We take all major credit cards. We handle all workers’ compensation cases on a contingency basis. We won’t charge you any attorney fees unless we are able to get compensation for your losses.
