What is an Occupational Disease Illness/Claim?

East Brunswick Occupational Disease Lawyers

What Is an Occupational Disease or Illness Claim?

Toll Free: 1.866.NJLAWFIRM

Based in East Brunswick, the occupational disease lawyers at Tortoreti, Tomes & Callahan, P.C. represent men and women throughout New Jersey with their disability claims.

An occupational disease includes injuries caused by repetitive activity or exposures over a period of days, months, or even years.

An occupational disease or illness must be due to causes and conditions which are or were characteristic of or peculiar to a particular trade, occupation, process, or placement of employment and that the contribution of work to the disease is in a material degree.

The Time Limits on Filing for Occupational Disease

All claims are barred unless filed within two years after the date on which the claimant first knew or should have known the nature of the disability and its relation to the employment.

Total and Permanent Disability

Total and permanent disability exists where a worker is rendered unemployable in a reasonably stable job market after a work-related accident or illness.

Harassment/Hostile Work Environment Psychiatric Claims

• The working conditions must be stressful when viewed objectively.
• The believable evidence must support a finding that the worker reacted in a stressful manner to the objectively proven stressful work conditions.
• The objectively stressful working conditions must be peculiar to the particular workplace.
• There must be objective evidence supporting a medical opinion of the resulting psychiatric disability beyond the bare statement of the Petitioner.

Third-Party Claim

Workers' compensation is an exclusive remedy, which means that the injured worker may not bring a civil action against his or her employer, absent intentional conduct on the part of the employer.

The only remedy against the employer is through workers' compensation. However, when an employee sustains an injury as a result of the negligence of a third party e.g. an outside maintenance or repair company, manufacturer, supplier, etc. the injured party may file a civil claim against the third party.

Contact Tortoreti, Tomes & Callahan; we have both the resources and skills to investigate and litigate third party claims.

Tenacious - Trustworthy - Compassionate
Our Attorneys Have Aggressively Pursued Claims for the Injured
Since 1975

Tortoreti, Tomes & Callahan
Attorneys at Law
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Tel: 732.257.9100
Toll Free: 1.866.NJLAWFIRM
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