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For the last few decades, the most compelling issue in an occupational disease case has been how the workers’ compensation court should determine the admissibility of scientific evidence. The New Jersey Supreme Court recently established guidelines for the admission and reliance upon such proof.

How to put together the puzzle of proof in an occupational disease claim.

Asbestos is still used in certain industries and workplaces, despite the known health hazards associated with its use. Workers in shipbuilding, automotive, and industrial settings are particularly at risk of exposure to asbestos fibers. To protect workers from the dangers of asbestos, it is essential to follow proper safety protocols and regulations and to phase out the use of asbestos in these industries as soon as possible.

An estimated 1.3 million employees in construction and general industry face significant asbestos exposure on the job. Heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition. Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

Workers who take home toxic substances and infectious diseases can pose a significant risk to their households and other family members. These workers may come into contact with harmful chemicals, pesticides, and other pollutants on the job, and without proper precautions, they can bring these toxins into their homes and expose their loved ones to dangerous health hazards.

The United States Supreme Court ruled that damages can be awarded to an individual for fear of contracting cancer due to exposure to asbestos fiber at work.

A unanimous New Jersey Supreme Court decided that firefighters, whether paid or volunteer, may receive Workers’ Compensation benefits for developing respiratory illness and lung disease as a result of exposure to asbestos, fumes and other toxic substances encountered on the job. Decided February 11, 2002, the case of Culbert vs. City of Jersey City and its companion Lindquist vs. City of Jersey City, reversed the Judgment of the Appellate Division, which threw out the firefighter’s claims.

Many occupations and lifestyles have a history of exposure to high levels of asbestos fiber. If you have engaged in one or more of the following occupations, you may wish to discuss this exposure with your physician.

Workers' Compensation is remedial social legislation that was designed to provide benefits to workers for on-the-job injuries. Those benefits include temporary disability, medical treatment costs, and permanent disability benefits.

Temporary Disability--When out of work and under authorized medical care for more than 7 days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).

The current workers' compensation system faces soaring medical costs and an expanding perimeter of liability for bioterrorism.

The New Jersey Workers’ Compensation Act [WCA] provides for the awarding of benefits to those individuals who have contracted an illness as a result of their exposure to toxic substances at work.