WORKERS' COMPENSATION

New Jersey Occupational Exposure to Diseases Lawyer

Exposure to irritants, toxins, and other hazards in the workplace can lead to devastating occupational illnesses. While not all workers exposed to these hazards go on to develop medical conditions, many others suffer from occupational illnesses that have not yet been diagnosed since the signs and symptoms can go undetected for months or years.

An occupational disease can severely impact a worker’s health and ability to earn a living. However, if you are struggling to make ends meet after being diagnosed with an occupational disease or ailment, you could be entitled to workers’ compensation and other benefits. The attorneys at the law firm of Pellettieri Rabstein & Altman can help you pursue the maximum benefits you deserve.

How Our New Jersey Occupational Disease Lawyers Help Ill Worker

If you have been diagnosed with a chronic condition or disease stemming from occupational exposure, you should not have to go through the workers’ compensation process alone. Whether you developed a respiratory illness from the inhalation of toxic substances or chronic pain from repetitive work strain, the New Jersey occupational disease lawyers at Pellettieri Rabstein & Altman are prepared to help.

Since 1929, the law firm of Pellettieri Rabstein & Altman has been dedicated to protecting and helping the people of New Jersey. Our New Jersey workers’ compensation attorneys have combined experience of 105 years and 35 years of practicing workers’ compensation law on average. As part of our practice, we have been representing members of public and private labor unions for almost 100 years, including tradespeople, state and county workers, construction workers, service employees, and factory workers.

Our team is highly skilled at handling workers’ compensation cases of every type, including appeals. Our lawyers have handled cases that resulted in precedent-making published opinions in the workers’ compensation arena. We employ lawyers certified as workers’ compensation attorneys by the New Jersey Supreme Court.

Attorneys from Pellettieri Rabstein & Altman teach workshops and seminars for other attorneys on subjects related to workers’ compensation law. Some of our attorneys sit in leadership positions on workers’ compensation committees for the New Jersey State Bar Association and the New Jersey Association for Justice. Our lawyers have served as masters and barristers of the New Jersey Workers’ Compensation Inn of Court and serve on the New Jersey Commission of Labor Advisory Committee on Workers’ Compensation.

Our seasoned New Jersey workers’ compensation attorneys are ready to listen to your concerns, determine a course of action, and work to get you the benefits to which you are entitled.

When you choose to work with our firm, you will quickly learn why four out of every five of our clients come to us through personal referrals. We care deeply about our clients and our communities, and we have the resources to handle even the most challenging workers’ compensation claims.

We look forward to answering your questions and evaluating your case for free when you contact us for an initial consultation. We can begin work on your case at no upfront cost. We do not charge for our services unless and until we obtain a successful outcome on your behalf. And even then, the only fees we collect come from a court-approved percentage (up to 20 percent) of the monetary award you receive for your claim.

From our clients

I came to PRA with my workmen compensation case . Gary Adams represented me . Gary was recommended to me by a friend and I in turn recommended Gary to another friend. Gary and his paralegal Jennifer are very good with communication and keeping me well informed in regards to my case : answering emails & returning my calls . I have and I will continue to recommend Gary and his staff to my friends .

My experience with Pellettien Rabstein & Altman was a great one! Every step of the way they were there with me, they made sure I got the justice I deserved. Whenever I called there was someone to answer the questions I had, the receptionist and secretary were friendly and very polite. Anytime, any day, I will recommend Counselor Gary Adams to represent any of my family or friends.

I have dealt with this firm for over 7 years on a very complicated Workmans Compensation case.
I have dealt with a myriad of legal firms throughout the country for over 30 years in my positions of CEO. And this firm is by far, the best firm I have ever dealt with.

My attorney at Pellettieri Rabstein & Altman was amazing and I can’t thank the firm enough for their insights and assistance! I would highly recommend them!

It was a very long and arduous time (13 years to bring this before a Judge). Living out of state made it particularly hard. Attorney Monaghan of Pellettieri Rabstein & Altman in New Jersey was diligent in helping through the morass of a very difficult workers’ comp claim resultant from an assault on a flight over international waters. I am permanently disabled from this assault and appreciate PR&A’s help.

Pellettieri Rabstein & Altman has very knowledgeable attorneys who are responsive and professional. Jeff Monaghan is an excellent example of this.

Pellettieri Rabstein & Altman listened to my needs and helped me get a larger settlement than I expected. They were very attentive and kind.

Pellettieri Rabstein & Altman is an outstanding firm.

Common Types of Occupational Diseases from Workplace Exposure

Occupational exposure diseases can result from exposure to irritants like pesticides, molds, textile fibers, industrial chemicals, asbestos, and paint or fuel fumes. Exposure can result in occupational illnesses such as:

Bronchiolitis obliterans (popcorn lung)

A long ailment that can result from exposure to flavoring substances used in the manufacture of microwave popcorn

Byssinosis (brown lung)

A lung disease that affects workers in cotton and textile manufacturing

Pneumoconiosis (black lung)

A lung disease that affects workers in the coal mining industry

Mesothelioma and asbestosis

Serious, often deadly diseases that result from exposure to asbestos

Dermatitis and skin conditions

Chemical burns and chronic skin diseases with a wide range of sources

In addition to occupational diseases caused by exposure to harmful chemicals and toxic substances, workers can develop conditions from:

Exposure to physical agents

These include things like excessively loud noises, constant vibrations, ambient radiation, and extreme temperatures

Exposure to biological agents

This includes viral infections, biological pathogens, and other infectious diseases like hepatitis and tetanus

Exposure to occupational trauma

This includes repetitive trauma from performing the same work duties over and over again, as well as cumulative psychological trauma from stressful experiences or environments

Does New Jersey’s Workers’ Compensation System Cover Occupational Exposure Diseases?

Yes, you are entitled to workers’ compensation benefits if you are an eligible employee who developed a disease or other medical condition as a result of occupational exposure. If you wish to claim benefits, you must notify your employer as soon as you are diagnosed with a work-related condition, then file a claim for benefits within two years of the diagnosis.

Keep in mind that claiming benefits for an occupational disease can be challenging due to the strict burden of proof for such claims. To demonstrate that your condition is, in fact, employment-related, you must be able to establish the four following elements:

The condition occurred during the course of your work.
The condition developed out of your work.
The cause of the condition is in some way particular to your trade, occupation, or work environment.
Your work contributed substantially to the condition.

If you know or suspect you have developed a disease or other medical condition due to occupational exposure, it is critical to notify your employer and seek medical care as soon as possible. Your employer should authorize coverage for your medical care, but in some cases, they may refuse. If that occurs, you should still seek treatment on your own and contact a New Jersey workers’ compensation attorney at once.

New Jersey Workers’ Compensation Benefits for Occupational Exposure Diseases

Depending on the circumstances, you could be entitled to any of the following types of workers’ compensation benefits after being diagnosed with an occupational illness:

Medical benefits

These benefits cover the costs of any reasonable and necessary medical care you require to treat your work-related condition. That includes expenses for ambulance rides, hospital stays, doctor’s visits, prescription medications, and durable medical equipment.

Temporary disability benefits

If your condition temporarily prevents you from doing your usual job or returning to work at all, these benefits can cover a portion of your lost wages. Temporary total disability (TTD) benefits provide up to 70 percent of your average weekly pre-injury wages. TTD benefits are subject to statewide maximums that fluctuate year to year. You can receive temporary disability benefits for up to 400 weeks or until you reach maximum medical improvement (MMI), whichever is sooner.

Permanent disability benefits

– If your injury prevents you from ever returning to work at full capacity, or your injury affects your activities of daily living, you could be entitled to permanent partial disability (PPD) benefits. PPD benefits are available for up to 600 weeks or certain statutory amounts. If your injury is so severe that you cannot return to work in any capacity, you could be entitled to permanent total disability (PTD) benefits. PTD benefits are paid for life.

Job displacement benefits

– If your injury prevents you from ever performing your old job again and your employer does not have any alternative or light-duty work available, you could be entitled to supplemental job displacement benefits. These benefits can help you pay for the education or training necessary to develop the skills you need for other types of work.

Death benefits

– If a worker dies due to a workplace injury or illness, the surviving family members may be entitled to financial support in the form of workers’ compensation death benefits. These benefits can pay for reasonable funeral expenses and provide dependents with up to 70 percent of the worker’s average weekly wages.

Our Victories

$185K

$185,000 (Partial Settlement) to Electrician for Asbestos-related Cancer

When a union electrician was diagnosed with a type of cancer related to asbestos exposure, our attorneys were able to prove he had, in fact, been exposed at his job sites to sufficient amounts of asbestos to contribute to the cancer.

Workers’ Compensation Medical and Disability Benefits for Life from Mesothelioma Exposure at Out-of-Business Employer

A union electrician employed by an electrical contractor from 1952 through 1980, developed malignant mesothelioma, which is a rare form of cancer frequently associated with asbestos exposure. Our attorneys filed a workers’ compensation claim, but faced the challenge that our client’s employer had gone out of business several years earlier.

Retail Department Store Employee Covered for Degenerative Knee Condition

After years of standing on her feet serving customers, our client’s knees gave out – one and then the other – and the doctor recommended knee replacement surgery to alleviate the pain.

Salesman Between Appointments Covered By Workers’ Compensation for Auto Accident Injuries

While driving between client appointments, a salesman suffered injuries in an auto accident that landed him in the hospital and led to several procedures and physical therapy. While the damage to his car was covered by his auto insurance, the primary coverage for his injuries were paid by his employer’s workers’ compensation insurance.

Work-at-Home “Telecommuter” Recovers on Auto Accident

Although her primary workplace was at home, our lawyers made the case that our client was traveling on business and that she was not commuting; therefore, our client’s auto injuries were covered under workers’ compensation law.

Benefits Recovered for Repetitive Motion Carpal Tunnel Syndrome in Office Worker

When our client was diagnosed with carpal tunnel syndrome, she was not aware that the repetitive motion of keyboarding on her computer at the office every day over a period of years could be the cause – and that she had the right to workers’ compensation benefits – until a friend convinced her to contact us.

Benefits Recovered for Dust, Dirt, Fumes at Work That Caused Chronic Bronchitis

Breathing in excessive dust, dirt and fumes – especially those that can be toxic to the lungs – over a period of years can cause chronic bronchitis and emphysema. Now retired and suffering from chronic bronchitis, and prodded by his wife, our client asked his doctor whether his work environment could have caused his condition.

$75K

$75,000 to Technician for Grease Burn Injury

Burns often leave emotional, as well as physical scars. When burning grease splashed our client, a fire safety technician, our workers’ compensation lawyers won benefits for him.

Carpenter Hired by Friends for Renovation Covered by Workers’ Compensation

When friends hired a master carpenter to renovate their historic home and make various other improvements to their property, and he was seriously injured from a fall, the insurance company said that he was an independent contractor and refused to cover him as an employee.

$250K

$250,000 for Widow in Workers’ Compensation Case

The widow of a delivery driver for a local company was awarded $250,000 in widow’s benefits in a Workers’ Compensation case.

105

Combined Years Experience of Lawyers

100%

Kinds Of Comp Cases We Handle

Certified Workers’ Compensation Law Attorneys

Pellettieri Rabstein and Altman has a 100 year long history of representing workers and union members.

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Establishing a Connection Between an Occupational Disease and Workplace Exposure

You must establish a connection between your condition and exposure in the workplace by showing that you developed the condition due to unusual risks inherent to the nature of your job. That means if you develop a condition that commonly affects the general public, it may be challenging to prove that it is indeed a case of occupational exposure.

Establishing a connection between some conditions and workplace exposure is relatively simple. For instance, substantial evidence links mesothelioma to occupational asbestos exposure. However, many conditions do not display symptoms for months, years, or even decades after initial exposure, which can make connections less clear.

Our knowledgeable attorneys know how to gather and preserve detailed evidence and then use it to draw a causal link between the occupational exposure and your resulting medical condition.

Deadlines for Filing an Occupational Disease Claim for Workers’ Compensation

If you plan to file a claim for benefits after an occupational disease diagnosis, you should keep the following deadlines in mind:

30 days

You are encouraged to notify your employer of an occupational disease within the first 30 days after diagnosis. Your chances of receiving the full benefits you are entitled to are greater the sooner you report the condition.

31-90 days

You must notify your employer no later than 90 days after your diagnosis with an occupational disease. The longer you wait, the greater the risk that your claim will be denied.

Two years

You must file a formal claim for workers’ compensation benefits within two years of the date when you first sustained or learned of your work-related condition, or within two years of the last payment of workers’ compensation benefits.

Talk to Our New Jersey Occupational Exposure Lawyers Now

If you are suffering from a chronic work-related condition, the experienced occupational disease lawyers at Pellettieri Rabstein & Altman can help you demand the benefits you are owed. Contact our firm today for a free initial case review.

During your initial consultation, one of our attorneys – not a paralegal – will provide, at no cost, an overview of New Jersey workers’ compensation law as it applies to your illness, your rights under the law, and what we can do to protect those rights. We will discuss the common tactics workers’ compensation insurance companies use to deprive you of the benefits to which you are legally entitled. We will explain how our representation will cost you nothing out of pocket. We receive a fee set by the court only if we successfully obtain a workers’ compensation award for you.