Contact Us

The firm has re-opened fully, but we continue to operate in a “Safe Mode” which will require strict adherence to safe interaction with one another and with the public.

Click here* for more information regarding Costello & Mains “Safe Mode” Protocols.

Costello & Mains, LLC
Call for a Free Consultation
856-291-0642 800-421-0212

Journey to Justice: The Two Types of Workers' Compensation Claims in New Jersey

By Chris Emrich

The New Jersey workers' compensation system recognizes two different types of workplace injuries: those caused by single traumatic accidents and those resulting from occupational exposure over a longer period of time.

Traumatic accidents are often easier to identify as work-related. They can come in the form of a slip and fall on the factory floor, a malfunctioning piece of equipment causing injury, or a motor vehicle accident for those employees that drive as part of their job. It is important to remember that New Jersey workers' compensation is a no-fault system. Injured workers do not have to prove negligence on the part of their employer in order to recover benefits. This is one of the key differences between workers' compensation claims and regular personal injury claims. 

Occupational exposure claims are defined under New Jersey law as "all diseases arising out of and in the course of employment, which are due in a material degree to causes and conditions which are or were characteristic of or peculiar to a particular trade, occupation, process or place of employment." One way these injuries develop is from repetitive motions (such as bending, twisting, pushing, pulling, or lifting) performed over a long period of time. They often result in shoulder, knee, or back injuries.

Another example is inhaling harmful materials, resulting in lung injuries. Like traumatic claims, an injured worker does not have to prove negligence so long as there is no willful self-exposure to a known hazard or willful failure to make use of a reasonable and proper guard or protective device furnished by the employer. Even if a guard or device is provided, it must have been clearly made a requirement of the employment and the employer must properly document that despite repeated warnings, the employee willfully failed to properly and effective utilize it. 

No Comments

Leave a comment
Comment Information

Free Case Review Fill out this form for a free, Immediate, Case Evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054

Toll Free: 800-421-0212
Phone: 856-291-0642
Fax: 856-727-9797
Mount Laurel Law Office Map