New Jersey Workplace Exposure Attorney

Examples of Workplace Exposure / Occupational Diseases

Occupational exposure cases can vary widely depending on the type and nature of work, and the hazards to which workers are exposed. Some examples include:

• Cancer (i.e. lung, skin, kidney, etc.)
• Lung and respiratory disease
• Occupational asthma
• Heart disease
• Chronic obstructive pulmonary disease
• Mesothelioma / asbestos-related conditions (i.e. asbestosis)
• Hearing loss / occupational noise exposure
• Musculoskeletal disorders
• Carpal tunnel syndrome
• Viral infections / infectious disease

The International Labour Organization (ILO) has a list of occupational diseases that goes into great detail regarding type and cause, such as:

• Diseases caused by chemical agents, broken down by chemical type (pesticides, ammonia, lead, benzene, etc.)
• Diseases caused by physical agents, broken down by agent type (noise, vibration, radiation, exposure to extreme temperatures, etc.)
• Diseases caused by biological agents and parasites such as hepatitis or tetanus
• Diseases resulting in respiratory illness, such as bronchopulmonary disease and asthma
• Skin diseases
• Musculoskeletal disorders
• Mental and behavioral disorders
• Occupational cancers

Proving the Origin of Occupational Disease

In workers’ compensation claims, claimants must prove their work was a substantial contributing factor in causing their illness. An example would include a construction worker diagnosed with mesothelioma after working for years with materials containing asbestos, or a coal worker who develops pneumoconiosis from inhaling contaminants.

Overcoming this hurdle requires extensive preparation. At Levinson Axelrod, our team works collaboratively to conduct investigations, ensure clients receive independent medical evaluations, and consult with relevant experts. We also work meticulously to gather and preserve evidence and documentation needed to support claims.

Will New Jersey Workers’ Compensation Cover Exposure to Viruses?

In light of the novel coronavirus pandemic, there have been many questions about whether workers’ compensation may cover workers who contract COVID-19 in the course of performing their jobs. The answer, as with any other legal matter, will depend on the unique facts involved.

Though a personalized case evaluation with an attorney can help determine whether you may have a valid COVID-19 claim, there are some important considerations. This includes:

• The Canzanella Bill: The Canzanella Bill, which Partner Richard J. Marcolus helped pass in 2019, protects First Responders who suffer from diseases acquired as the result of exposure to toxins, carcinogens, and other health hazards. This would include COVID-19. What’s more, the law contains a legal presumption that exposure and diseases experienced by first responders are work related, making them eligible for benefits. Partner Marcolus is currently lobbying for legislation that would expand the definition of “first responders” to include other front line workers who provide essential services during the pandemic, and contract COVID-19 as a result.
• Proving Work Exposure: Though the Canzanella Bill applies only to first responders, workers who work in high-risk industries or who are exposed to the coronavirus while performing work-related duties may still have the ability to obtain benefits if they can prove they contracted COVID-19 through their jobs. Physicians, nurses, home health aides, test-site workers, and others who contract the disease can work with our attorneys to explore their options.

Laws regarding workers’ compensation and COVID-19 are evolving, and our legal team at Levinson Axelrod is on the forefront of backing legislation to protect workers who contract COVID-19 at work. We are available to review potential claims from those who have questions about the coronavirus, NJ workers’ compensation, and their rights.

What Benefits Can I Recover?

Workers with occupational illnesses can obtain benefits for:

• Medical expenses for reasonable and necessary treatment;
• Temporary disability benefits when they are out of work;
• Compensation upon a finding of the nature and extent of a permanent illness.

Though workers’ compensation is the most common source of benefits for those who suffer work-related illnesses or injuries, there may be options to pursue civil lawsuits against a third party.

Known as third-party claims, these civil lawsuits are separate from any workers’ compensation case, and are filed against a party (who is not the worker’s employer) alleged to have negligently caused the worker’s harm. Third-party claims can arise in many different situations. Examples include:

• Cancer caused by a pesticide found to contain carcinogens.
• Exposure to harmful substances contained in defective or unsafe products; and
• Exposure to toxins or other hazards on property owned by a third party (premises liability).

Learn more about your rights and options, and how we may be able to help you, by calling or contacting us online for a FREE and confidential consultation.