Can pregnant workers benefit from workers’ comp?

On Behalf of | Oct 21, 2024 | Workers' Compensation

Some pregnant people feel great throughout their pregnancies, and their evolving condition doesn’t affect their work in any meaningful way. Others experience sickness and increased injury risk as a result of their pregnancy symptoms. 

Pregnant workers in New Jersey may be eligible for workers’ compensation benefits if they suffer a work-related injury or illness, just like any other employee. However, the specifics of how pregnancy affects workers’ compensation claims can vary depending on the nature of the injury and its relationship to a worker’s pregnancy. 

Eligibility concerns

Pregnant workers are entitled to workers’ compensation if they can demonstrate that an injury or illness was caused by work-related activities. This includes physical injuries, such as slipping and falling at the workplace, or illnesses resulting from exposure to harmful chemicals or unsafe working conditions.

For a pregnant worker to qualify for workers’ compensation, their injury or illness must meet the same criteria as any other workers’ compensation claim; it must be work-related and occur during the course of employment. Pregnancy itself obviously doesn’t qualify as a workplace injury, but complications that arise from a work-related injury during pregnancy may be compensable. Pregnant workers, like other employees, are susceptible to injuries that occur in the workplace. Some common work-related injuries include falls, lifting injuries and repetitive strain injuries. If a pregnant worker suffers any of these while performing job duties, they may be entitled to workers’ compensation.

Some workers may understandably wonder whether their pregnancy will complicate their workers’ compensation claim. While pregnancy itself is not a condition covered by workers’ compensation, if a work-related injury exacerbates or causes complications during pregnancy, the injured worker may still be eligible for benefits. For example, if a pregnant worker develops a back injury from lifting heavy objects at work, she may be eligible for compensation for that injury, as well as any complications it causes during her pregnancy.

It’s important to note that New Jersey law prohibits employers from discriminating against pregnant workers. Under both state law and federal protections like the Pregnancy Discrimination Act, employers must treat pregnant workers the same as other employees. This means they cannot deny workers’ compensation benefits or retaliate against a worker simply because they are pregnant and/or are seeking workers’ compensation for a valid concern.