NJ Occupational Diseases and Illnesses Attorneys
Occupational Disease Lawyers Assisting Workers with Claims for Job-Related Exposure to Illnesses and Diseases in Lawrence, Ewing, and Across New Jersey
Workers’ compensation is not limited to workers who suffer traumatic injuries while performing job-related duties. A worker who contracts an occupational illness or disease may also be entitled to workers’ comp benefits in New Jersey. Many occupational diseases develop over time when a worker is repeatedly exposed to dangerous substances or stressful conditions. If you have required medical treatment or have been forced to miss time from work because of a job-related illness, you might have a valid claim for workers’ compensation. Unfortunately, employers and their insurance companies often challenge workers’ comp claims based on occupational disease because these types of injuries are not nearly as clear-cut as traumatic injuries suffered in the workplace. In these cases, you need the support of an informed and dedicated workers’ compensation attorney.
At Cohen & Riechelson, our experienced workers’ compensation lawyers can help you prove your claim and get the compensation you deserve. Cohen & Riechelson is a well-respected law firm that has been serving clients in New Jersey and Pennsylvania since 1972. During that time, our lawyers have helped injured workers file workers’ compensation claims throughout Mercer County, including Hightstown, Ewing, and West Windsor. We have important ties to the community, as well as a wealth of experience and local contacts; this gives us an edge in your case because we have specialized institutional knowledge. Call C&R today at (609) 528-2596 for a free consultation to discuss your workers’ comp claim and explore your legal options.
Employee Eligibility for Workers’ Compensation for Work Diseases in Ewing NJ
In New Jersey and across the country, most employers are required by law to provide workers’ compensation insurance coverage to employees in the case that they are injured or become ill as a direct result of their job responsibilities. This covers all full-time and part-time employees who receive wages and pay taxes. Only sole proprietorships without employees are exempt from workers’ compensation requirements; also, a company is not required to provide workers’ compensation insurance coverage to an independent contractor.
In order for an injury or illness to be covered by the employer’s workers’ compensation insurance, its onset must have been sustained as a direct effect of or relation to one’s job responsibilities. That is to say, an employee must prove that the job itself, and no external factor, resulted in the injury or illness.
Leading Types of Occupational Diseases in Mercer County, NJ
An occupational disease is any illness with conditions which are caused, or worsened, by exposure in the workplace. This means that workplace conditions are directly responsible for the occupational illness. Occupational illnesses can be caused by exposure to toxic chemicals in the air. When workers inhale or ingest these substances, or get them on their skin, they can suffer long-term negative health consequences. This is especially problematic when the worker breathes dust or fumes for years.
Some of the most common occupational illnesses suffered by workers in New Jersey include:
- Cancer: Exposure to any kind of toxic agents in the work environment can cause potentially life-threatening cancer.
- Asbestosis and Mesothelioma: If you are exposed to asbestos fibers in the workplace, you could develop a chronic inflammatory disease of your respiratory system. In the worst cases, you could develop an aggressive form of lung cancer.
- Pulmonary & Respiratory Illness: A lung injury could result in a severe cough and chronic chest pain.
- Asthma: Certain lung injuries can cause asthma, which will probably require you to use an inhaler for the rest of your life.
- Lead Poisoning: Exposure to any amount of lead over a long period of time can have serious health consequences. In the worst cases, exposure to high levels of lead can be fatal.
- Eye Disease: If your job requires you to handle food, you could develop allergic conjunctivitis. This is eye inflammation caused by an allergic reaction to certain substances.
- Hearing Loss: Continued exposure to loud noises in the workplace can result in permanent hearing loss.
- Repetitive Stress Injury: One of the most common occupational diseases is a repetitive stress injury like carpal tunnel syndrome. This kind of injury is caused by the cumulative effect of repetitive movements and stress on a worker’s body. Any job that requires repeated lifting can result in a repetitive stress injury.
- Mental Disorder: Extremely stressful conditions in the workplace can cause post-traumatic stress disorder (PTSD).
Frequent Industries with Occupational Illnesses and Diseases
While the types of injuries and illnesses that occur on the job are as varied as the jobs themselves, there are some common ones across different industries. Construction workers and others in manual labor, for example, are more likely to face injuries involving slips, trips, and falls and musculoskeletal injuries associated with lifting heavy equipment. Factory workers, dentists, typists, and others who engage in repetitive motions requiring precision and muscle tension are more likely to succumb to carpal tunnel and similar injuries. Employees who work in environments with toxic substances or atmospheres may develop pulmonary or neurological illnesses or even cancer. Again, there are many injuries that can be sustained on the job.
Workers’ Comp Benefits for Occupational Illness in Lawrence, NJ
The circumstances that surround the provision of workers’ compensation benefits and the types of benefits provided depend on a number of factors. Available benefits depend on the nature of the injury or illness sustained and its impacts. Most workers’ compensation insurance benefits provide for medical care, including associated medical expenses and ongoing treatments like physical therapy.
In cases in which an injury or illness prevents you from working, temporary full disability benefits, equaling around 70 percent of your weekly wages, may be provided. Where the injury prevents you from working at full capacity in your chosen area for a limited time, temporary partial disability benefits apply. These benefits, in varying quantities, may continue even as you get back to work, given that you are not working at full capacity.
If your injury leads to permanent loss of capacity to a partial degree, you may qualify for permanent partial disability benefits; these provide full benefits for a specific amount of time. Complete permanent disability benefits may apply if your injury has left you unable to do your job anymore. In this case, disability benefits are provided for the rest of your life. When someone is killed on the job, their beneficiaries receive death benefits.
Process of Claiming Workers’ Compensation for Occupational Disease in New Jersey
The first step to filing a workers’ compensation claim is to report the injury to your employer, either your manager or Human Resources representative. The employer will report the injury to their workers’ compensation provider. Upon receipt of the claim from the employer and its investigation, the insurance carrier will either accept or deny workers’ comp disability benefits. In order to receive workers’ comp benefits for an occupational disease, you must show that the disease was caused by your job.
Since occupational diseases typically do not stem from a single incident and instead develop over a long period of time, it can be difficult to isolate a date on which the illness developed. This is important for the purposes of New Jersey workers’ compensation claims because the law imposes very strict deadlines for filing a claim. If you are injured or get sick because of your job, you must file a claim within two years of the injury onset or date of the latest compensation, whichever is later.
In many cases, an employer’s insurance company will dispute a workers’ compensation claim in an effort to pay out less. If the claim is denied or the employee and workers’ compensation insurance carrier cannot come to a settlement, the individual can pursue a formal hearing to present relevant evidence and testimony in court. New Jersey law prohibits an employer from terminating an employee for filing a workers’ compensation claim or testifying at a workers’ comp hearing. If the judge does not rule in the employee’s favor, they can appeal the decision. In both cases, a workers’ compensation lawyer is an invaluable ally.
Contact a Princeton NJ Workers’ Comp Attorney
Cohen & Riechelson is prepared to assist you with your workers’ compensation claim. We understand that workers’ compensation insurance companies are interested in saving money, and that often means lowballing your disability benefits after a work-related illness or occupational disease or even denying your claim unfairly. Our experienced workers’ compensation attorneys will protect your right to full financial benefits for as long as your injury or illness impacts your ability to work at full capacity.
Our record of successful workers’ compensation cases for our clients who have suffered occupational diseases and illnesses in Mercer County, Burlington County, and New Jersey communities such as Bordentown, Trenton, Pennington, East Windsor, and Hopewell, reflects the quality of our counsel and the skill we bring to build a comprehensive case for your physical, mental, and financial benefit.
Additionally, we handle all workers’ comp cases on a contingency fee basis; we only get paid after you receive compensation for your illness. Call CR today at (609) 528-2596 to speak with a member of our legal team, or email us to schedule a free, no-obligation consultation at our Hamilton or Pennington offices. Our workers’ compensation attorneys are pleased to provide you with a commitment-free consultation regarding your claim.
