Across the nation,
workers’ compensation involves two types of claims: claims involving
workplace accidents and claims involving “occupational diseases.” Typically, a workplace accident will result in injuries, which
can be temporary or permanent. Some injuries will heal, while others will
never heal completely.
Occupational disease on the other hand, are a different breed entirely.
These arise from unhealthful conditions that workers are exposed to as
the nature of their jobs. Occupational diseases can be traced back to
something a worker was exposed to and they are produced as a natural effect
of the worker’s occupation. A perfect example of an occupational
disease is asbestosis, which is linked to
Deadline for Filing a Claim
In New York, when a worker is disabled due to a work-related occupational
disease, he or she is entitled to the exact same types of benefits that
they’d receive for a workplace injury. The deadline for filing a
workers’ compensation claim for an occupational disease is the later
of the following dates:
Two years from the date the worker became disabled, or
Two years from the date that the individual know the occupational disease was work-related
or should have known it was caused by their employment.
“What if I’m sick, but I’ve been working the whole time?
Can I still receive compensation?” If a worker becomes will with
an occupational disease, he or she could have gotten sick but continued
working anyway. In these cases, a workers’ compensation law judge
would have to review the facts of the case to determine the date the worker
There are dozens of occupational diseases, too many to list here. But here
are some examples:
- Occupational cancers
- Miner’s nystagmus
- Skin diseases
- Post-Traumatic Stress Disorder (PTSD)
- Lung diseases
- Upper airway disorders
- Carpal tunnel syndrome
What is an Occupational Disease?
Do you believe that you have fallen ill due to occupational exposure? To
explore filing a workers’ compensation claim,
contact our firm to speak with a
Long Island workers’ compensation attorney.