Toxic Exposure and Lung Cancer Claims
While some workers know from the start that their line of work is potentially dangerous, many others do not find out that their health has been jeopardized until they have been on the job for quite some time. Such is often the case with people who suffer from lung cancer and other diseases due to toxic exposure to chemicals and pollutants at work. These cases can be challenging in many respects, so it is important to retain an experienced New Jersey workers’ compensation lawyer if you believe that you have been injured at work in this manner. At the Law Offices of Jonathan F. Marshall, we are ready to represent workers who wish to file a workers’ compensation claim due to toxic exposure or lung cancer, or a related illness, and we will work hard to protect your legal rights.
One issue that is common in these types of cases is the timeliness of notice. Exposure to toxic materials can sometimes take many years to develop into a serious illness, yet an employee who is hurt at work has only a limited amount of time to give his or her employer notice of an injury. The symptoms of toxic exposure may mimic other, non-work-related ailments, further confusing the sick employee. A dispute can arise as to when exactly an employee became aware that his or her condition was work-related and whether timely notice was given. There may also be a dispute as to whether the injury was in fact work-related or whether it was due to other, more general environmental or hereditary factors.Medical Benefits, Disability Payments, and Death Benefits
The medical expenses associated with toxic exposure or lung cancer can be staggering. When an employee becomes aware that such an illness was suffered during the course and scope of a worker’s employment, he or she should immediately notify his or her employer (a supervisor or personnel department employee, if possible) and ask for medical treatment at the expense of the employer or its workers’ compensation insurance company. If the worker is unable to work due to his or her work-related illness or injury, he or she may collect temporary total disability benefits in partial replacement of wages. These benefits are subject to a minimum and maximum amount that is set by the state. Once the worker reaches maximum medical improvement or the statutory period for receiving temporary disability payments has expired, the worker may seek permanent disability benefits with the assistance of an experienced attorney.
Permanent disability benefits may be total or partial, depending upon whether the worker is able to continue his or her employment. In cases of a permanent partial disability, the amount that the worker receives depends upon whether the injury was to the body as a whole or to a “scheduled member” (such as a hand or foot), as well as the amount of permanent physical impairment assigned by his or her treating physician. In some cases, the employee may wish to consult another doctor for the purpose of an independent medical evaluation on this issue. If an employee dies from toxic exposure or lung cancer suffered on the job, his or her family may seek death benefits, such as funeral expenses up to a certain amount and payments in partial replacement of the worker’s wages.Talk to a Work Injury Attorney in New Jersey
At the Law Offices of Jonathan F. Marshall, our hard-working workers’ compensation lawyers are here to help with toxic exposure and lung cancer work injury cases. To schedule a free consultation, call us at (800) 999-0897 or contact us online. We represent workers in Freehold, New Brunswick, Toms River, Jersey City, Plainfield, Trenton, Newark, Paterson, and the surrounding areas of Monmouth, Middlesex, Ocean, Hudson, Union, Mercer, Essex, and Passaic Counties. You should be aware that New Jersey workers’ compensation cases have strict time deadlines, and not meeting them can result in the loss of your rights, so you should not delay in seeking legal counsel.