Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently.
Exposure to Second Hand Smoke and Workers' Compensation
By Michael Gorny, Esq.
You never smoked, but for years you breathed someone else's smoke at your desk. Can an illness that surfaces after retirement still count as a workplace injury under New Jersey workers' compensation law? A recent decision by the New Jersey Division of Worker's Compensation says it can -- and illustrates how workplace injuries sometimes occur without the injured worker even realizing it. In Pulejo v. Middlesex County Consumer Affairs, the petitioner, Frank Pulejo Jr. worked in a Middlesex County government office from 1976 until 1997. Mr. Pulejo was never a smoker and had no family members who were smokers. However, at his office, Mr. Pulejo was surrounded by smokers, some of whom chain smoked throughout the workday. Three years after his retirement, Mr. Pulejo was diagnosed with lung cancer. After hearing testimony of multiple experts and using several scientific studies, the Worker’s Compensation Court concluded that Mr. Pulejo’s injuries could be attributed to his working environment, making him eligible to receive benefits.
Unfortunately for Mr. Pulejo, he did not seek the advice of a Worker’s Compensation attorney in time and despite the Court finding that he his exposure to co-worker’s second-hand smoke was a compensable injury, he did not file the case before the statute of limitations, resulting in his case being dismissed.
For a possible occupational illness, preserve employment dates, workplace exposure information, medical diagnoses, and the date a doctor first connected the condition to the job. Those dates may control whether a claim is timely.