The Importance of Filing Workers’ Compensation Claims on Time
A recent decision by the New Jersey Appellate Division illustrates the importance of filing a workers’ compensation claim on time. In Russo v. Hoboken Board of Education, petitioner Anthony Russo filed a claim for workers’ compensation benefits on February 24, 2004 alleging “pulmonary and related” injuries caused by exposure to asbestos at his place of work. His claim was dismissed as having been filed too late.
During trial, Russo testified that he taught at several schools during his employment with the Hoboken Board of Education between the years of 1971 to 1993. Russo recalled asbestos remediation projects at several schools where he worked. During cross-examination, Russo testified that from early in his teaching career he was aware that asbestos had harmful effects. In 2000, Russo was diagnosed with lung cancer.
The Workers’ Compensation Judge noted that “a claim must be filed within two years after the date in which the claimant first knew the nature of the disability and its relation to the employment.” In this case, Russo knew that asbestos was potentially harmful as early as the 1980s and knew that he had lung cancer in 2000. Therefore, his petition filed in 2004 was time-barred. The Appellate Division agreed.
This case illustrates the importance of consulting with a workers’ compensation attorney at the earliest time possible. If you have been injured at work or are suffering from a condition which may be work-related, consult with the workers’ compensation attorneys at Mintz & Geftic immediately.
Categorised as: Workers' Compensation