In New Jersey, an employee that suffers an injury may be entitled to workers’ compensation benefits. There are specific things an employee must prove to recover such benefits, however, such as the work-related nature of the injury. In a recent New Jersey case in which the employer appealed an order granting an employee workers’ compensation benefits, the court discussed the burden of proving causation in workers’ compensation cases. If you were injured at work, you may be owed benefits from your employer, and it is in your best interest to speak to a dedicated New Jersey workers’ compensation attorney to assess your rights.
Facts of the Case
It is reported that the plaintiff injured his left foot and ankle while working as a roofer for the defendant. The plaintiff then filed a workers’ compensation petition, seeking benefits for his injuries. In its answer to the petition, the defendant denied that the plaintiff’s injuries were work-related, but provided benefits without an admission of liability. The plaintiff subsequently filed multiple motions seeking temporary disability benefits, which the defendant opposed on the grounds the injuries were not work-related. The majority of the motions were resolved without a hearing.
Allegedly, however, in 2019, a hearing was held on a pending motion in which the plaintiff sought benefits for a proposed surgery. The court entered an order continuing temporary disability benefits and requiring the defendant to authorize the surgery, but did not opine on the defendant’s continued argument that the plaintiff’s injuries were not work-related. The defendant then appealed. Continue Reading ›