Let Us Help You File Your New York Occupational Illness Claim
When many people think of a workers' compensation claim, they think about an employee falling from a ladder or being hurt by machinery. But there are many different injuries that can qualify for a claim, including illnesses that arise due to workplace conditions. Filing a claim for an occupational illness is similar to any other injury, but there are some specific issues you should keep in mind to be sure your claim is processed and awarded properly.
If you have concerns about filing your worker's compensation claim for an occupational illness in New York, then let us help you. Our experienced New York City workers' compensation lawyers understand how and when to file the necessary paperwork, and can work with you if your claim is denied to appeal that ruling and have your case heard before the compensation board. You do not have to suffer alone or accept an initial denial. Contact Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353. Tell us about your situation and we will put our experience to work for you.
What Are Occupational Illnesses?
An occupational illness, or disease, refers to a condition that is caused by something that is part of a person's work. For example, someone who develops asbestosis due to exposure to asbestos while working as an asbestos remover would have grounds for filing a workers' compensation claim due to an occupational illness. Simply being exposed to a chemical or toxin is not necessarily grounds for a claim unless that exposure is related to the nature of a person's work.
Another example would be a doctor who contracts tuberculosis from a patient. Since exposure to people with illnesses is part of a doctor's profession, he or she would be able to file a claim. An office worker who contracts tuberculosis from another employee, however, would not be able to file an occupational illness claim because exposure to diseases is not part of his office job. A wide range of diseases and illnesses are covered, including things like pneumonia, hernias, arthritis, and hearing loss.
How Long Do I Have to File a Claim?
The time limit for filing a work-related occupational illness claim depends on two factors: when a worker becomes disabled, or when the worker knew or should have known that the disease was caused by his or her employment. The later of the two possible dates is when the time limit begins. In either situation, there is a two-year deadline for filing a claim. Filing within this timeframe is very important, so it is best to file as soon as possible.
What Can I Do If My Claim Is Denied?
Filing a claim does not mean it will be accepted. In general, your employer's workers' compensation insurance company should receive and process your claim promptly, and award payment as appropriate. If your claim is denied for any reason, then you need to appeal that decision and take your case before the workers' compensation board.
You will need to file additional paperwork and your case will be given a date and time for a hearing. At this hearing, you have the opportunity to provide your side of the situation, give evidence of your illness, and demonstrate how it is directly related to the nature of your work. Any diagnosis and paperwork from your doctor can be used to support your claim, and the board ultimately rules on your case, either upholding the denial or awarding you benefits for your claim.
Speak to Our Experienced NYC Occupational Illness Lawyers
The process of filing a New York workers' compensation claim for an occupational illness can be difficult, especially if your illness keeps you from living an active life. Appealing a denial of your claim requires additional work. Let us help you through this process. Talk to one of our experienced NYC occupational illness attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, today by calling us at (212) 986-7353 and scheduling a free consultation.
Additional Information
Our Workplace Accident Case Results
$5.95 Million - Union Bridge Painter Fell from Steel Support Beam
WRSMH attorneys successfully represented a union bridge painter who was injured when he fell from a steel beam bridge support.
Bryce Moses, Carmine Goncalves
$3.2 Million - Dock Worker Injured by Temporary Metal Staircase
Our client, a union dock worker, sustained multiple injuries while on the job.
Stephen Wagner
$3.1 Million - Paralyzed Laborer
Bryce Moses represented a 63 year old worker who was catastrophically injured when he fell from a ground level dumpster as he was loading construction debris.
Bryce Moses
$3.1 Million - Baggage Handler Injured by Airplane Striking Truck
Douglas Milch successfully represented a baggage handler who sustained injuries in a tarmac accident at the airport.
Douglas Milch
$3 Million - Injured Demolition Worker
A 44 year old demolition worker from Central America was injured when a brick wall that was being dismantled collapsed and fell on him.
Bryce Moses
$2.6 Million - Two Workers Injured in New York Elevator Accident
Two WRSMH clients obtained a large verdict after suffering injuries when they were in an elevator that crashed while at work.
Brielle Goldfaden
$2.3 Million - Painter Scaffolding Injury
A man fell from scaffolding while he was painting the canopy of an underground railway tunnel. He fell eight feet onto the train platform, injuring his shoulder, back and knee.
Bryce Moses
$2.2 Million - Scaffolding Fall Accident
Ken Halperin recently obtained a $2.2 million dollar settlement for a laborer who fell off a scaffold from a height of approximately 40 feet.
Kenneth Halperin
$1.95 Million - Worker Sustains Three Herniated Discs in Lower Back
Bill Hepner recently obtained a $1.95 million damages award at a binding arbitration on behalf of a client who was injured in a work-related accident.
William Hepner
$1.75 Million - Plumber's Apprentice Falls From Ladder
WRSMH attorney, Bryce Moses, recently obtained a $1,750,000 verdict for a thirty-nine year old non-union plumber who fell approximately six feet from a ladder while he was drilling holes in the ceiling for piping.
Bryce Moses
$1.4 Million - Elevator Mechanic Fell
Bryce had to try the case two times for our client. The first trial was interrupted by the 9/11 attacks and ended in a mistrial. Before jury selection began for the retrial, the case was settled for $1.4 Million.
Bryce Moses
$1.3 Million - Laborer Struck by Falling Pile Driver
WRSMH attorney Kenneth J. Halperin recently obtained a $1.3 million dollar settlement for a laborer who was struck by a falling pile that had just been driven into the ground.
Kenneth Halperin
$1.2 Million - Insulation Installer Suffered Severe Fall and Injuries
Our client was a laborer who suffered severe injuries when he fell through an opening in the attic floor while spraying insulation.
Frank Lombardo
$1.1 Million - Elevator Accident at Downtown Office Building - Spinal Injuries
A cleaner was injured in an elevator accident while at work in a Downtown Manhattan office building.
Brielle Goldfaden
$1 Million - Worker Injures Neck in Stair Fall Accident
Attorney Thomas Pardo successfully represented a client who sustained neck injuries after a stair fall accident at work.
Thomas Pardo
$975,000 - Broadsided by Another Cargo Vehicle on the Airport Tarmac
Kenneth Halperin recently obtained a $975,000 settlement for an airport worker who was involved in a vehicular accident on the airport tarmac.
Kenneth Halperin
$925,000 - Worker at Auto Dealer Falls
Our client was hurt on the job while when he fell from a ripped awning at an auto dealership.
William Hepner
$850,000 - Recovery After Mediation for Cable Company Employee
Cliff Shapiro obtained an $850,000 recovery for a cable company employee who was injured on the job when he fell from a ladder.
Clifford Shapiro
$575,000 - Electrician Fell Off Ladder
Kenneth J. Halperin recently obtained a $575,000 settlement for an electrician who was injured at a construction site.
Kenneth Halperin
$550,000 - Laborer Falls Out Of Cherry Picker
Kenneth J. Halperin recently obtained a $550,000 settlement for a laborer who was injured while painting a portion of an elevated subway track.
Kenneth Halperin