Workers’ compensation offers vital benefits for people who are hurt on the job. However, workers who suffer from occupational diseases often need long-term solutions to protect their financial stability. This may come in the form of workers’ compensation disability benefits, Social Security Disability Insurance (SSDI), or both. Our workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP, help injured workers in the greater New York City area explore all options that may be available to them
What Is an Occupational Disease?
An occupational disease is an illness or condition that’s directly caused by certain activities or prolonged exposure to hazardous substances in the workplace. Typically, occupational diseases develop over time, and symptoms may not be apparent for months, years, or decades.
Some common types of work-related conditions include occupational lung diseases due to exposure to asbestos, or other harmful substances. Skin conditions, occupational hearing loss, and repetitive strain injuries such as carpal tunnel syndrome also can affect a worker’s quality of life and ability to do their job. Workers can and do recover from some occupational diseases and return to work. However, in some cases, an occupational illness may be so debilitating that a person can no longer work.
Proving an illness is directly related to your employment is challenging. That’s why you need an experienced NYC occupational disease lawyer like the attorneys at Nappa, Monterosso & Poznansky, LLP, to evaluate your case and determine the best way forward. A workers’ compensation lawyer can ensure your interests are protected and fight to help you obtain the full amount of benefits you’re entitled to receive. If you’ve already filed an occupational disease claim that’s been denied, an attorney can assist you with appeals.
Workers’ Compensation Disability Benefits in New York
New York workers’ compensation provides both temporary and permanent disability benefits. The amount you receive and for how long depends on the amount of your wages, the severity of your occupational disease, and whether you are able to work at all.
Partial Disability
Temporary partial disability provides lost wages benefits until you can return to work. Permanent partial disability means that you have suffered a disability that will affect you permanently, but not to the extent that you’ll never work again.
There are two kinds of permanent partial disability, schedule loss of use and non-schedule loss of use. Schedule loss of use (SLU) means a worker has permanently lost the full use of an extremity, eyesight, or hearing. An SLU award is a cash benefit that pays you for the loss of earning capacity due to the impairment that resulted from an occupational disease or workplace injury.
Non-schedule loss of use typically is any permanent partial disability not covered by SLU. It may involve permanent organ or bone damage and may be received for up to 525 weeks, depending on the degree of your loss of earning capacity.
The specifics of workers’ compensation disability benefits can be confusing. Having an occupational disease lawyer help you navigate these complexities can take some of the weight off your shoulders and keep you on the right track to obtaining benefits.
Permanent Total Disability Benefits
If you are permanently and totally disabled, you may be entitled to receive benefits for the rest of your life. The criteria for permanent total disability are stringent. Not only must you prove that your occupational disease arose due to work-related conditions or activities, but you also must show that the severity and permanency of your illness prevent you from working.
These cases are determined by the New York Workers’ Compensation Board and require extensive medical documentation and other supporting evidence. An occupational disease attorney can ensure all important deadlines are met, gather relevant information and evidence, and build a case to show your condition is employment-related and has left you unable to work. A workers’ compensation lawyer can also accompany you if you need to attend hearings before the Workers’ Compensation Board.
If you’re suffering from an occupational disease and you’re considering applying for SSDI benefits as well, it’s important to have a Social Security Disability lawyer take a look at your case to determine the most effective way to maximize your compensation.
Workers’ Compensation Settlements
An insurer may offer a Section 32 settlement in a workers’ compensation case involving occupational disease if your condition is permanent and you have reached maximum medical improvement (if applicable). In a Section 32 settlement, you agree to accept a certain amount of money for future wage loss and medical bills to end your workers’ compensation claim. These settlements typically are paid in a lump sum, but in certain cases they are paid out over time.
Generally, if you accept a Section 32 settlement you are giving up your right to seek further compensation. Although the first offer may seem generous, it’s crucial to have a lawyer review it before you accept. They can explain the terms of the settlement to you and advise you as to whether it will meet your physical and financial needs. A workers’ compensation attorney can accurately calculate your future expenses, guide you through the process, and negotiate on your behalf until a reasonable settlement is reached.
Contact an Occupational Disease Lawyer in the Greater New York City Area
Our workers’ compensation lawyers and Social Security Disability attorneys at Nappa, Monterosso & Poznansky, LLP, are native Staten Islanders with decades of experience. We look out for your interests and fight for your rights while continuing the tradition of representing the injured worker. Attorney and partner Rolando Cubela is proud to offer legal representation to our Spanish-speaking clients. If you need assistance with an occupational disease claim, call us at 718-273-9000 or contact us to schedule a free case evaluation with a workers’ compensation lawyer in the greater New York City area.
