Whether a work injury involves a warehouse accident or an occupational illness, employees have the right to file a workers’ compensation claim in New York. However, occupational disease claims can be challenging, as you must show that your condition is directly related to your job duties. At Nappa, Monterosso & Poznansky, LLP, our worker’s compensation lawyers represent injured workers throughout the greater New York City area. We understand how to prove occupational disease claims and help you obtain the full amount of benefits you may be entitled to receive.
What Is Occupational Disease?
An occupational disease is an illness or condition that results from exposure to hazards or activities in the workplace. Occupational diseases usually develop over time due to repeated exposure to substances, activities, or work-related processes, and often are associated with certain industries and occupations, such as construction, manufacturing, and mining.
Common Types of Occupational Diseases
According to an occupational disease report from SUNY Upstate Medical University, there are an estimated 7,016 deaths annually in New York due to occupational disease. The most common occupational illnesses and conditions include:
- Occupational lung diseases, such as asthma, asbestosis, mesothelioma, and other types of lung cancers
- Conditions caused by chemical exposure, including certain cancers, leukemia, skin conditions, and neurological issues
- Occupational hearing loss, which can result from the use of tools like jackhammers or manufacturing equipment, exposure to loud blasts or explosions, or physical injury
- Repetitive stress injuries, such as carpal tunnel syndrome and other musculoskeletal disorders
- Mental health disorders resulting from high-stress jobs that may expose workers to trauma
- Infectious diseases from working in a healthcare setting
Occupational Disease and the Timing of Workers’ Compensation Claims
When an injury occurs due to an accident in the workplace, filing a workers’ compensation claim can be a fairly straightforward process. However, because an occupational disease usually develops over time, it’s more difficult to specify the date of its onset.
In New York, workers must file a claim within two years of the date of their injury or two years from the time they knew or should have known that a disease was job-related. If an occupational disease is fatal, generally, dependents must file for death benefits within two years of the date of their loved one’s death.
Occupational Hearing Loss Claims
For occupational hearing loss, other time limits apply. Workers with hearing loss must wait three months from the date they are removed from the harmful noise at work or three months after leaving the job where the noise exposure occurred.
The last day of the three-month period is considered the date the hearing loss disability began. In occupational hearing loss cases, a worker can file a claim after the two-year limit if it’s done within 90 days of finding out the hearing loss is associated with their employment.
Whether you’ve suffered a workplace injury or discover you have an occupational disease, it’s crucial to notify your employer as soon as possible. It’s also important to seek the counsel of a workers’ compensation lawyer. An occupational disease lawyer at Nappa, Monterosso & Poznansky, LLP, can evaluate your case and help determine the best path toward a successful claim.
Proving Your Occupational Disease Claim
Before filing a worker’s compensation claim, make sure to seek treatment for your condition, ideally from health care professionals who specialize in that area. You’ll need a written diagnosis and medical records that demonstrate the extent of your occupational illness and how it is work related. Keep a record of all your medical expenses and wage loss you experienced due to taking time off work.
One reason occupational disease claims can be difficult to prove is that activities outside work can cause conditions such as hearing loss and carpal tunnel syndrome. It’s vital to gather evidence that links your occupational illness to exposure to workplace hazards or activities. This includes identifying and documenting toxic substances or hazardous conditions if applicable. Creating a detailed timeline of when you first experienced symptoms, how they progressed, and how they are linked to specific work-related activities or exposures also can be helpful.
Statements from coworkers, supervisors, and other witnesses who can attest to your workplace environment and your exposure to potential hazards are important as well. Your employer also should have documentation detailing workplace safety measures, exposure limits and other information that may substantiate your claims of work-related occupational disease.
To initiate a claim, you must file form C-3 with the New York Workers’ Compensation board. However, ensure you have all the information you need to support your occupational disease claim before taking this step. A workers’ compensation attorney in the greater New York City area can help you gather documentation, ensure it’s included with your application, and let you know what to expect.
How an NYC Occupational Disease Attorney Can Help
The workers’ compensation claims process can be daunting, especially when you’re coping with an illness. Hiring an experienced lawyer with a track record of success can increase your chances of a successful claim and give you peace of mind. The seasoned attorneys at Nappa, Monterosso & Poznansky, LLP, are familiar with the tactics insurers often employ to deny workers’ compensation claims. They handle all negotiations and fight for your rights and interests. If you’ve already filed a claim that’s been denied, an occupational disease lawyer can assist you throughout the appeals process.
Contact Our Occupational Disease Lawyers in the Greater NYC Area
At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation and Social Security Disability attorneys are passionate about helping injured workers obtain the benefits they need to protect their health and financial stability. To schedule a free consultation with an occupational disease attorney in the greater New York City area, call us at 718-273-9000 or contact us. Attorney and partner Rolando Cubela offers legal representation to our Spanish-speaking clients.
