Workers hurt during the course of employment are often entitled to workers’ compensation benefits. Though many people associate New York State workers’ comp claims with employees who were injured in on-the-job accidents, the system also provides benefits to workers who develop serious illnesses or other medical conditions due to harmful occupational exposure.
If an occupational disease has left you unable to work while your medical and household bills mount, you may be able to collect medical treatment and wage replacement benefits. (Additionally, in some cases, an occupational disease may be considered disabling even if you haven’t missed work.) However, proving that your illness or disease is connected to your job can be challenging, which is why you need skilled legal counsel to make sure you receive the benefits you deserve.
Common Types of Occupational Diseases
What’s considered an occupational illness? According to the Occupational Safety and Health Administration (OSHA)—a federal agency tasked with ensuring safe and healthful workplace conditions for employees—diseases and illnesses can be classified as occupational if exposure to on-the-job hazards was a cause or contributing factor. Examples of occupational diseases that may qualify you for workers’ compensation benefits include:
- Diseases caused by physical conditions: noise-related hearing impairment or disorders caused by vibration, compressed (or decompressed) air, exposure to extreme temperatures, and other physical agents
- Biological agents and infectious or parasitic diseases: tetanus, tuberculosis, human immunodeficiency virus (HIV), brucellosis, bacterial or fungal-related toxic or inflammatory syndromes, anthrax, and others
- Respiratory diseases: asbestosis, silicosis, anthraco-silicosis, asthma, chronic obstructive pulmonary diseases caused by inhalation of dust, upper airways disorders, and aluminum-related lung disease
- Skin diseases: allergic contact dermatosis and contact urticaria; irritant contact dermatosis and vitiligo caused by recognized irritants and agents; or other skin conditions caused by exposure to physical, chemical, or biological agents in the workplace
- Musculoskeletal disorders: radial styloid tenosynovitis, chronic tenosynovitis of hand and wrist, olecranon bursitis, carpal tunnel syndrome, and other musculoskeletal conditions
- Mental or behavioral disorders: post-traumatic stress disorder and other mental health conditions directly linked to work-related risk factors
- Occupational cancers: caused by asbestos, coal tar, coal tar pitches or soot, benzene, tar, pitch, bitumen, mineral oil, anthracene (or resulting compounds, products, or residues), nickel compounds, wood dust, and other agents
- Musculoskeletal disorders and repetitive stress injuries: Conditions like carpal tunnel syndrome, tendinitis, tenosynovitis, and work-related back injuries that may develop gradually through repeated movements, lifting, or physical strain. For example, nursing assistants who frequently lift patients may develop back injuries over time.
- Diseases caused by chemical or toxic exposure: includes neurological disorders, respiratory illnesses, and other serious health conditions developed after prolonged exposure to hazardous substances
Workers’ Compensation Claims for Coronavirus (COVID-19)
Were you diagnosed with COVID-19? If you can prove that you were exposed to the coronavirus on the job, you may have grounds for an occupational illness workers’ compensation claim. Workers most likely to encounter the virus in the workplace include doctors, nurses, CNAs, home health aides, paramedics, and other health care professionals, as well as police officers, firefighters, cashiers, teachers, and janitors. Additionally, if you lost a loved one to a case of COVID-19 that can be connected to their workplace, you may have a viable claim. Contact our firm today to explore your right to benefits.
New York State Workers’ Comp Benefits for Occupational Diseases
Employees suffering from occupational illnesses and diseases are entitled to the same benefits as workers injured in on-the-job accidents. These benefits include medical treatment, wage replacement payments, and death benefits for surviving family members.
What Information Does The Workers’ Compensation Board Consider?
By asking your patient for the following pieces of professional and well-being information, you’ll find it easier to come up with the proper documentation and help your patient get the case established. Also, it will make it easier for you when you are cross-examined in a deposition.
- The job title of the patient.
- The date the patient started to work for the employer.
- The amount of days per week as well as the hours per week the patient works.
- The patient’s specific job duties.
- The amount of time the patient spends on each duty.
- An explanation of how the movements in the patient’s work were intrinsic to their job.
- What frequency and force do each of your work duties require?
- How much time do you spend performing each work duty?
- How much weight do you have to lift and/or carry at work?
- Do you have to kneel, stoop, or bend at work? If so, how often for how long do you do so on a daily basis?
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O’Connor Law PLLC’s Collaboration With Local New York Doctors
Essentially, your goal is to prove there is a link between their condition and a distinctive feature of their employment. If you’d like further assistance, don’t hesitate to contact our law firm today. We’re highly experienced New York workers’ compensation attorneys and dedicated to helping you navigate the Board’s arduous and daunting requirements.
In addition, we’re available to provide your patients with quality legal representation. We’ll handle all the legalities of their case so they can focus on recovering and moving forward with their lives. We encourage your patients to contact our office to schedule a complimentary, no-obligation consultation at their earliest convenience.
Our firm looks forward to working with you to provide injured workers with the very best service. Service that allows them to return to their pre-injury condition and collect the maximum workers’ compensation benefits they may be entitled to.
We Can Help You Recover Workers’ Compensation Benefits for an Occupational Illness
Obtaining benefits for a work-related disease or illness largely depends on whether you can link the malady to hazardous conditions encountered in your workplace. This requires exceptional legal skill and a thorough investigation into your workers’ compensation claim. Fortunately, you’ve come to the right place.
To find out how the adept New York workers’ compensation attorneys with O’Connor Law PLLC can help you fight for benefits, contact us today to schedule a free initial consultation. Don’t wait—injured New York workers have just two years from their date of disability or two years from the time they knew (or should have known) that the illness was related to their employment—to file a claim.
