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Workers' Compensation for Occupational Diseases in New York

Offered by Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP

Get maximum compensation and peace of mind after a workplace illness

Your hard work keeps businesses running, but constant exposure to hazardous environments or toxic substances can take a serious toll on your health. If your job has caused an occupational illness in New York, you could qualify for workers’ compensation benefits to cover medical expenses and lost wages.

An experienced New York workers’ comp attorney can protect your rights and fight back against delays, denials, and lowball settlements

In New York, the system provides a safety net, but it also requires you to stay proactive about your rights. That’s where a skilled New York workers’ compensation lawyer comes in. With the right legal guidance, you can focus on recovery while your attorney handles the rest. Schedule a free consultation today and get the support you need to claim the benefits you deserve.

What Are Occupational Diseases, and How Do They Affect Workers?

Unlike sudden work accidents, occupational diseases develop over time. These illnesses are the result of long-term exposure to harmful conditions on the job, which often makes it difficult for workers to connect their symptoms to their employment.

Some examples of the risks workers in New York face include:

  • Construction: Long-term exposure to asbestos can lead to mesothelioma, a rare but aggressive form of cancer. Additionally, repeated use of jackhammers and power tools may cause vibration syndrome, which affects blood vessels and nerves in the hands.
  • Healthcare: Prolonged standing and lifting patients can lead to chronic back injuries and joint pain. Plus, exposure to infectious diseases or chemicals may result in respiratory conditions or skin disorders.
  • Manufacturing: Inhalation of chemical fumes or dust can cause occupational asthma or chronic lung disease. Working with loud machinery over time can result in permanent hearing loss.
  • Office: Typing for hours a day may cause carpal tunnel syndrome, leading to numbness and pain in the wrists. Poor posture from sitting at desks can result in chronic neck and back pain over time.

How Does New York Law Cover Workers' Comp for Occupational Diseases?

When work takes a toll on your health, New York’s workers' compensation system has your back. Whether you’re managing a chronic condition or need time to heal, these benefits cover both immediate and long-term needs. Here’s what you can expect if you qualify for benefits:

Current and future medical care

This involves coverage for doctor visits, hospital stays, surgeries, prescriptions, and consultations with specialists. You can also get long-term care options such as therapy, pain management, and follow-up treatments to manage ongoing conditions.

Lost wages

Receive a portion of your average weekly wage (typically two-thirds) while you're unable to work. Payments continue for temporary total or partial disabilities until you recover or reach maximum medical improvement.

Disability benefits

  • Temporary disability benefits: For workers who can’t perform their job duties for a limited time.

  • Permanent partial disability (PPD) benefits: For employees with lasting but partial impairments.

  • Permanent total disability (PTD) benefits: For those unable to work in any capacity due to their condition.

Rehabilitation benefits

Access vocational rehabilitation services to help you learn new skills if you can’t return to your previous role. Get the physical or occupational therapy you need to restore mobility and function.

Death benefits

Financial support for surviving family members if the disease results in death. Coverage for funeral and burial expenses to ease the burden on loved ones.

What Should I Do After Being Diagnosed with an Occupational Disease?

If your doctor confirms your illness is job-related, it’s time to act quickly. Delays in reporting and filing can put your benefits at risk, and missing the required steps could result in a denied claim. Here's what you should do to ensure you have a viable claim:

  • Report the illness to your employer immediately: Provide written notice to create a clear record of your report. Keep a copy for yourself so you have proof if any disputes arise.
  • File a claim with the New York Workers' Compensation Board: Submit Form C-3 to the Board as soon as possible. Include all relevant medical records with your claim to support your case.
  • Gather evidence to strengthen your claim: Collect medical reports documenting your work-related illness and the treatment you’ve received. Also, compile work history records showing the job tasks or exposure that contributed to your illness.
  • Stay organized throughout the process: Keep detailed records of all communication with your employer, doctor, and the Workers' Compensation Board. Create a timeline of events, including when you first noticed symptoms, reported them, and filed your claim.

This process can be complicated; even the smallest mistakes could jeopardize your claim. That’s why getting legal help before pursuing your claim is so important. An experienced New York workers’ comp attorney ensures your claim is filed correctly, helps you collect the necessary documentation, and communicates with insurers to avoid unnecessary delays.

Should I Handle the Insurance Company on My Own?

Dealing directly with insurance companies often feels like playing a game with hidden rules. Insurers often try to minimize their financial obligations by questioning whether the illness is job-related or arguing that it existed before employment. They might also push for quick settlements that don’t reflect the true value of your claim.

Hiring an attorney who understands workers' compensation for occupational diseases in New York can level the playing field. An experienced workers’ compensation lawyer knows how to communicate with insurance companies, counter lowball offers, collect airtight evidence, and fight for every dollar you deserve.

How Long Does It Take to Resolve a Claim for Occupational Diseases?

The timeline for these cases varies widely. Some claims wrap up in months, especially if your employer’s insurer cooperates. Others drag on for over a year, particularly when insurers contest the claim. The key is to get an attorney involved as soon as possible to ensure you meet all legal deadlines and keep your claim moving forward.

Can I Still File a Claim If My Disease Didn’t Show Symptoms Right Away?

Many occupational diseases develop over time, with symptoms emerging months or even years after exposure. For example, asbestos exposure often leads to mesothelioma decades later. Thankfully, New York law allows workers to file claims if they act within two years of recognizing the condition’s connection to their job.

What Happens if the Insurance Company Denies Your Claim?

A workers’ comp claim denial can feel like a dead end, but it doesn’t necessarily mean your case is over. You have the right to appeal through the New York Workers' Compensation Board. The first step involves requesting a hearing. Here, your attorney can present new evidence and explain why your claim deserves approval.

Plus, they know how to spot weak points in the insurer’s arguments and bring in expert testimony to strengthen your case.

Consult a New York Workers’ Comp Attorney for Your Occupational Illness

If exposure to hazardous conditions at work caused your illness, don’t hesitate to take action. A New York workers’ comp attorney can help you get the benefits you deserve to cover your medical bills, lost wages, and ongoing care. With the right legal support, you won’t have to manage the claims process alone or worry about missing steps that could jeopardize your claim.

Contact a workers’ comp lawyer in New York today or schedule your free consultation. There’s no risk to you; these attorneys work on a contingency fee basis and only get paid if they win your case.

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For over 90 years, Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has been fighting for injured New Yorkers in workers’ compensation and personal injury matters. We’ve reco...