Whether a work injury was caused by a slip and fall accident or a heavy object falling, many people rightfully know that an injured worker should be covered by workers’ compensation benefits for their medical expenses and lost earnings. However, not many people understand that diseases and illnesses which occur as a direct result of working conditions are also entitled to workers’ comp coverage.
An occupational disease is considered any chronic ailment which arises due to the workplace environment. As long as the disease is directly related to an employee’s scope of job duties, it can be claimed under the law of workers’ compensation and provide the affected employee with the monetary compensation necessary to pay medical bills and lost wages.
According to the U.S. Bureau of Labor Statistics, there are approximately 3 million occupational injuries and occupational illnesses and diseases every year.
The following are several common workplace illnesses that are covered by worker’s compensation in New York:
- Skin diseases – Workers who are required to be outdoors for long periods of time (e.g. construction workers, agricultural workers, roofers, etc.) are susceptible to acquiring skin disorders such as skin cancer, eczema, and inflammations. Additionally, mechanics, cleaners, and painters come into contact with hazardous chemicals each day that could also result in occupational skin disease.
- Respiratory issues – At one point, respiratory problems were the main contributors to occupational diseases, especially for those in the construction and industrial sector who worked with asbestos insulation that resulted in mesothelioma or occupational asthma. Today, many workers are affected by the toxins they breathe in at the workplace.
- Hearing loss – Constant loud noises are commonly found in construction and manufacturing jobs. Despite precautionary earbuds, hearing a great deal of noise—day in and day out—can make workers more susceptible to hearing loss than a worker in another field.
- Overexertion – The vigorous demands of any job can cause strain, especially in fields that demand physical labor. Overexertion from repetitive tasks, such as lifting or typing, is one of the top reasons for workers’ compensation claims.
If you have suffered any one of these occupational diseases, you may be eligible for workers’ compensation benefits. However, if workers’ compensation benefits are not enough to help you make a full recovery and a third party could be partly to blame for your injury, then it is wise to speak with an experienced personal injury attorney.
How Much Time Do I Have to File a Claim in New York?
Each state has its own deadlines to file personal injury claims and workers’ comp claims. In New York, injured individuals have two years from the date of injury to file a claim, and workers must report their injuries within 30 days of the occurrence. Filing claims for occupational disease cases, however, can be technical and complicated because unlike many injuries, they don’t show up right away as a result of an isolated incident.
The claim filing time limitations for occupational illness cases depend on the following factors:
- The date of the first medical treatment
- The date you first lose time from work
- The date you knew or should have known that the issue was work-related
This is why it’s important to call an attorney the moment you become aware that your medical condition is related to work.
Millions Recovered for Injured Workers
At Belushin Law Firm, P.C., our New York workers’ compensation attorneys are passionate about helping all clients injured in accidents, including those who have been injured in the workplace. We understand that employers and insurance companies often try to undermine or reject worker claims and can defend your rights to benefits. As a worker who may be facing lost wages and mounting medical bills as a result of your injuries, you need to hire a law firm that knows how to get results. With millions recovered for clients, including a $3 million workers’ compensation settlement, our actions speak volumes about our commitment to each of our clients in need.
Our team focuses on workers’ comp claims relating to illnesses and injuries that include mesothelioma, spinal cord injuries, shoulder and knee injuries, and failure to provide safety. A secure future is just a phone call away.
Call our attorneys at (888) 918-9890, or contact us online after you’ve been injured at work, whether at a construction site or in an office. Belushin Law Firm, P.C. is here to protect your rights.