Can You Get Workers’ Compensation in New Jersey if You Already Had an Injury?

One of the most common questions injured employees ask is: “If I already had a bad back, knee problems, or another medical condition before starting my job, can I still qualify for workers’ compensation if work makes it worse?”

A recent New Jersey case involving a school custodian shows the answer is often yes. The employee had pre-existing back and knee issues before taking a custodial position. Over the course of 13 years of heavy physical labor, which included lifting, bending, and moving equipment, the injuries became progressively worse. Eventually, the employee was terminated because their physical condition no longer allowed them to do the job.

The worker filed for benefits, arguing that the job duties aggravated their existing injuries and left them with a significant permanent disability. However, the employer pushed back, pointing out:

• The worker already had medical problems before starting.
• Factors like age, weight, and family history could explain the decline.
• No specific scientific studies tied the exact job duties to the injuries.

The Workers’ Compensation Judge sided with the employee, awarding benefits for a 74% partial permanent disability. The judge stressed several points:

• The employee passed a physical exam when first hired.
• The job description clearly matched the worker’s account of strenuous, repetitive labor.
• Testimony was credible, consistent, and supported by medical evidence.

In New Jersey, the law doesn’t require a “brand-new” injury. If employment substantially aggravates a pre-existing condition, the worker is still entitled to benefits.

Why This Case Matters

This case highlights several important lessons:

• Pre-existing injuries are not a bar. What matters is whether the job made them worse.
• Medical and testimonial evidence is critical. Courts look at whether the story lines up with the actual demands of the job.
• Employer defenses have limits. While outside factors like age or weight may play a role, they don’t necessarily outweigh workplace contributions.

Key Takeaways for Workers and Employers

• For employees: If your job worsens an old injury, don’t assume you’re disqualified. Document your symptoms, seek medical attention, and talk to an attorney.
• For employers: Job descriptions and physical requirements matter. A clear record of what the work involves can make or break a case.
• For both sides: Expert medical testimony often tips the scale when determining whether work caused or aggravated the condition.

In New Jersey, workers with pre-existing conditions can receive compensation if their job duties significantly contribute to their worsening condition. The law recognizes that work doesn’t have to be the only cause, just a material cause.

Contact a New Jersey Personal Injury Lawyer Today    

When a person has a pre-existing condition, getting compensation for workplace injuries can be tricky. Employers will fight to prevent paying these claims.

Injured in the workplace? A Morristown work-related accident attorney from The Law Offices of Michael P. Burakoff can help. We have extensive experience helping clients injured on the job to understand their options when it comes to workers’ compensation claims. Schedule a consultation today by filling out the online form or calling (973) 455-1567.

Source:

workerscompensation.com/daily-headlines/was-new-jersey-custodian-who-started-job-with-back-knee-injuries-entitled-to-benefits/