Pennsauken, NJ (Law Firm Newswire) November 20, 2019 – A new law, effective July 8, 2019, makes it easier for public safety employees in New Jersey to recover workers’ compensation for certain types of cancer.
Under the new law, a public safety employee, like a firefighter, under the age of 76 will be presumed to have a work-related occupational disease if they develop cancer, as long as they have seven years of service. The employee will not have to identify exposures or fires that they fought. To avoid paying workers’ compensation benefits, the employer – the county or state – will have to prove by a preponderance of the evidence – it was more likely than not – that a work exposure or fire did not cause the cancer.
For the public employee to recover, the cancer must be a type which may be caused by exposure to heat, radiation or a known or suspected carcinogen. Examples of cancers scientifically linked to fires include lung cancer, multiple myeloma, leukemia and non-Hodgkin’s lymphoma. Some studies suggest firefighters have an increased risk of testicular, brain, colon, stomach and rectal cancer. There is a link between some forms of skin cancers, such as malignant melanoma, and fire exposure.
The new law covers members of a paid or volunteer fire or police department. It includes members of the state police or the Community Emergency Response Team. The act covers advanced medical technicians of a first aid or rescue squad or any other nurse or advanced medical technician responding to a catastrophic event. The act also applies to public safety workers who become ill while administering vaccines.
A different standard applies if a public safety employee has less than seven years of service. The employee must show their exposure to a known carcinogen, cancer-causing radiation or a radioactive substance. The employee must also show the illness manifested itself during their public safety employment.
The new law does not change the statute of limitations governing how long an employee has to file a workers’ compensation claim for an occupational disease. An employee must file a claim within two years of the time they know that they have a cancer condition related to work.
Suffering from a form of cancer that resulted from a job in the public safety sector? Talk to a workers’ compensation lawyer at Petrillo and Goldberg at 856.249.9295 or visit https://www.petrilloandgoldberg.com.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
- Workers’ compensation for worker who contracted Legionnaires’ Disease
A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […]
- Settlement of labor law accusations against six South Jersey gas stations
According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […]
- Governor Christie says he will approve back pay for furloughed workers during government shutdown
New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […]
- Long wait for survivor benefits for the spouse of volunteer
Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […]
- Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]