Workers Compensation
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Helping the Injured Seek Justice and Financial Compensation.

Occupational Diseases

New York Workers’ Compensation Attorney

Encyclopedia Britannica defines an occupational disease as “any illness associated with a particular occupation or industry.” As it applies to workers’ compensation, an occupational disease may be any type of medical condition caused by or associated with the worker’s employment, workplace or job duties. The New York State Workers’ Compensation Board offers the following description:

An occupational disease arises from the conditions to which a specific type of worker is exposed. The disease must be produced as a natural incident of a particular occupation, such as asbestosis from asbestos removal.

Napoli Shkolnik PLLC is committed to representing workers who have been diagnosed with occupational diseases. We represent workers across New York in these complex cases, including hearings and appeals for denied workers’ comp claims. Seeking benefits for an occupational disease can be complicated, as it will need to be proven that the illness is related to the claimant’s occupation. This may require medical documentation and other evidence that supports the worker’s claim. Because we understand how the system works and are familiar with exactly what information insurance providers and the Workers’ Compensation Board need to approve claims, we can provide the level of representation that truly makes a difference for our clients. We recommend taking advantage of our complimentary consultation so you can see how a New York workers’ compensation attorney at Napoli Shkolnik can assist you.

 

Types of Work-Related Diseases

There are various types of medical conditions that may be considered occupational diseases. Though a worker’s right to benefits will vary depending on the unique situation, some examples of what may qualify are listed below:

  • Mesothelioma, asbestosis or lung cancer caused by workplace exposure to asbestos or asbestos-containing products.
  • Hearing loss caused by acute or chronic exposure to loud noises at the workplace.
  • Illness caused by exposure to mold or other naturally-occurring substances in the worker’s environment.
  • Cancer caused by exposure to radiation, carcinogens (cancer-causing substances) or other toxins.
  • Skin, respiratory system and nervous system disorders caused by exposure to pesticides.
  • Carpel tunnel syndrome caused by repetitive motions of the hands and wrists.

Most occupational diseases are caused by exposure to dangerous chemicals or toxins, which may occur naturally in the environment or that a worker may have to deal with as part of his or her job. Most of these diseases are also preventable. It is a lack of proper safety precautions, protective gear, breathing apparatuses and employee training that typically causes exposure and eventually leads to the development of a disease. One of the first reported occupational diseases was Chimney sweep carcinoma, also known as Chimney sweep cancer.

 

New York Workers’ Comp Benefits for Occupational Diseases

When a person is disabled by an occupational disease, he or she is entitled to the same benefits as a worker who sustains an on-the-job injury in an accident or similar incident. A claim must be filed within two years of the date of the worker’s disability or the time that the disabled worker knew or should have known that his or her condition was associated with his or her employment.

Interested in filing a workers’ comp claim for an occupational disease? These cases can be exceedingly complicated because of the numerous factors that may influence a worker’s susceptibility to contracting an occupational disease in the first place. A worker’s medical history, unique genetic make-up, work history, general health, age, gender and even diet or whether he or she smoke cigarettes may all have an impact on whether he or she develops work-related health problems. Our lawyers know how to deal with the nuances associated with these cases. To talk to a New York workers’ compensation lawyer about your individual case,contact Napoli Shkolnik today.