What is an occupational disease/illness/claim?

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/total and permanent disability

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

1. The working conditions must be stressful when viewed objectively.

2. The believable evidence must support a finding that the worker reacted in a stressful manner to the objectively proven stressful work conditions.

3. The objectively stressful working conditions must be peculiar to the particular workplace.

4. There must be objective evidence supporting a medical opinion of the resulting psychiatric disability beyond the bare statement of the Petitioner.

Third Party Claims

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 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 i.e. outside maintenance/repair company, manufacturer, supplier, etc. the injured party may file a civil claim against said third party.

Susan P. Callahan Esq., LLC has the skills to investigate and refer out for review all Third Party Claims.

Privacy Policy

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What personal information is collected through this website and how is it used?

This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.