Five of the women in New Jersey challenged their employer in a case over the right of individual workers who contract occupational diseases to sue their employers under New Jersey's occupational injuries law, which at the time had a two-year statute of limitations, but settled out of court in 1928. Five women in Illinois who were employees of the Radium Dial Company (which was unaffiliated with the United States Radium Corporation) sued their employer under Illinois law, winning damages in 1938.