Petrillo & Goldberg
Excels for our clients
Talk to an Attorney
Get a Free Case Evaluation
Close

What is a compensable occupational disease under the New Jersey Workers’ Compensation Act?

Thousands of employees suffer work-related accidents in New Jersey every year. Job accidents commonly involve bodily injuries from slips, falls, trips, overexertion, motor vehicle accidents, falling objects, and getting caught in or between objects. However, an employee can develop an illness from items, chemicals and other exposure in the workplace. In some incidents, the workers must miss days from work. For accidents that result in long-term physical and health issues, the employee may require restrictions on his work duties or job transfers.

The New Jersey Workers’ Compensation Act defines a compensable occupational disease as a disease that arises out of and in the course of employment. The illnesses significantly occur because of conditions and events characteristic of the particular profession and may be typical for the processes or location of the job.

Workers’ compensation is the exclusive remedy for employees to receive compensation for occupational illness. The no-fault insurance coverage provides medical care, wage compensation and disability benefits for the worker’s condition and time out from work. If the employee dies from the disease, the dependents may receive death benefits, including wage compensation, funeral expenses and burial costs.

The employee or eligible dependents do not receive benefits if the worker knowingly or intentionally acted in a manner in his employment that caused him to contract the disease. Behavior that may bar a claimant from receiving behavior are:

  • Willfully exposing themself to a known hazard
  • Failing to use the proper protective equipment provided and required by the employer
  • Noncompliance with the safety requirements and documentation by the employer of repeated warnings to comply

The time limit to file a formal workers’ compensation claim petition with the New Jersey Division of Workers’ Compensation for a work-related injury is two years from the accident date. An employee has a deadline to file a claim for occupational disease benefits is two years from the date they first knew they had the disease.

Other Frequently Asked Questions:

TESTIMONIAL

I have dealt with other law firms, and there is no comparison. It is an honor to know you and I must say, that I have the highest regard for your integrity.

- Lance Zeaman

TESTIMONIAL

TRUST

Meet our attorneys

The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.