Work-related illnesses and injuries can turn your world upside down. It’s important to get the workers’ compensation benefits you deserve, but proving that conditions like lung cancer or carpal tunnel syndrome are directly related to your job can be challenging. Our occupational disease lawyers at Nappa, Monterosso & Poznansky, LLP, help clients in New York City with occupational disease cases. Here, we explain why these cases can be tough to prove and how an experienced attorney can help.
What Is Occupational Disease?
An occupational disease is an ailment or illness that is the direct result of your job duties or exposure to hazardous substances or unsafe conditions at work. Occupational illnesses usually develop over an extended period, which makes it more difficult to pinpoint whether a worker developed their condition due to their job or something outside of the workplace.
Common Types of Occupational Diseases
Although there are hundreds of occupational diseases, the most common include:
- Occupational lung diseases, such as asbestosis and certain types of lung cancers
- Conditions caused by chemical exposure, which can include neurological disorders, skin conditions, and other illnesses
- Occupational hearing loss, which can result from repeated exposure to loud noises or physical injury
- Repetitive stress injuries, including carpal tunnel syndrome
If you or a loved one in the greater New York City area is suffering from a work-related illness, an occupational disease lawyer can help you understand why these claims can be challenging. They can also help you gather the necessary documentation and present convincing arguments that demonstrate a clear connection between your condition and work.
Why Are Occupational Disease Claims Hard to Prove?
Latency Periods
Occupational diseases such as mesothelioma often have long latency periods. This means that symptoms of these conditions may not be apparent for decades after exposure to a toxic material like asbestos. In these cases, proving a direct link between workplace exposure and the occupational disease often is difficult, especially if it occurred many years ago.
Multiple Exposures
Workers can be exposed to all kinds of harmful, hazardous substances throughout their careers. Pinpointing where the exposure that contributed to the development of the disease happened can be complicated, especially if there were multiple contributing factors. For example, if a bartender with hearing loss worked at several music venues throughout their career, demonstrating which specific environment led to their disability could be challenging.
Pre-existing Conditions
Workers may have pre-existing health conditions that make it challenging to attribute the disease solely to occupational exposures. However, if you can prove that exposure to hazardous substances or activities exacerbated a pre-existing condition, you may have a viable workplace injury claim. In this type of case, it’s vital to speak with an occupational disease attorney in New York to find out whether obtaining workers’ compensation is a possibility.
Lack of Medical Evidence
In some cases, there may not be enough convincing medical evidence to show a direct link between the occupational exposure and the disease. In addition, medical professionals hired by insurance companies and attorneys usually have differing opinions on causation, which can sow doubt about the disease-work connection.
Poor Recordkeeping
Unfortunately, employers in industries such as demolition and construction are notorious for failing to keep proper records documenting exposure levels, safety measures, and other important information. This can restrict a workers’ compensation claimant’s ability to prove that the workplace conditions were hazardous and directly led to the development of an occupational disease.
Procedural Complexities and Filing Deadlines
Navigating the procedural aspects of filing an occupational disease claim can be complex. For example, an occupational disease claim in New York must be filed within two years of the date a worker discovered or should have known that their condition was a result of their employment duties or environment. However, the requirements for occupational hearing loss claims involve a whole different set of restrictions and rules that must be followed.
How a Greater NYC Occupational Disease Lawyer Can Help
Typically, the burden of proof falls on the claimant to establish a direct link between the occupational exposure and their disease or condition. A New York occupational disease attorney has the necessary knowledge and resources to build a strong case that supports the connection between workplace exposure and an injured worker’s condition. This usually requires an investigation, collection of comprehensive evidence, and collaboration with medical experts, occupational safety specialists, and other professionals. Issues such as pre-existing conditions and other factors also can make these cases difficult to win.
That’s why you need an experienced occupational disease attorney like the lawyers at Nappa, Monterosso & Poznansky, LLP. Our wealth of experience and history of winning occupational disease claims in New York can give you a fighting chance for a successful outcome. Attorney and partner Rolando Cubela is proud to provide quality legal representation to our Spanish-speaking clients.
Contact Our Occupational Disease Attorneys in the Greater NYC Area
At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers and Social Security Disability attorneys are native Staten Islanders who care about our community. If you or someone you love has suffered a workplace injury, call us at 718-273-9000 or contact us to schedule a free case evaluation with an occupational disease lawyer in the greater New York City Area.
