New Jersey has a particular statute with regard to the compensability of a traumatic hernia. N.J.S.A 34:15-12(c)(23) requires that an employee give notice to his/her employer within 48 hours after the occurrence of the hernia in order for compensation to be allowed. Of course, if the incident occurs on a Friday and it isn’t reported until the following Monday, compensation will still be allowed since any Saturday, Sunday or holiday is excluded from the mandatory 48 hour reporting period. In practice, this notice requirement can also be met if an employee notifies his/her employer within 48 hours after they had reason to know of the existence of the hernia. So if the employee doesn’t get an appointment to see a doctor for several days, the notice requirement can still be met as long as notice is given to the employer within 48 hours of that doctors appointment where a diagnosis was given of a hernia.
Permanent disability may be awarded to a claimant regardless of whether there has been a surgical repair of the hernia. In cases where there has been a surgical repair, the claimant must establish the existence of a permanent disability by competent medical proof.
If you have sustained a traumatic hernia at work and have questions about your rights under New Jersey Workers’ Compensation Law, please call us for a complimentary consultation today.
