There are two types of workers’ compensation claims in the state of New York. The first is a claim due to injury on the job caused by an accident, and the second is for a disease caused by a work task or environment. Occupational disease claims can be more difficult to navigate, so use this guide to familiarize yourself with the basic information you should know.
What Are Some Common Occupational Diseases?
Hearing loss is the most common occupational disease in the U.S., followed by allergic and irritant dermatitis. Still, there are many more, including cancer and carpal tunnel disease. The International Labor Organization maintains a list of occupational diseases that is routinely updated.
When Should I File a Claim?
In the state of New York, you must file a workers’ compensation claim for an occupational disease within two years from the date you became disabled or the date you knew the disease was work-related.
Determining this date can be complicated because some individuals continue to work, not knowing their disease results from their jobs or work conditions.
How Do I Get an Occupational Disease Claim Started?
There are several forms you must complete to file a claim. These can be complicated, and you must ensure you fill them out completely and honestly.
Having an attorney with experience working with occupational disease claims can be helpful. They can also help if your claim is denied. A workers’ compensation lawyer will navigate you through the laws and requirements involved in these processes.
Why Should I Work With an Attorney?
There are many advantages to hiring an attorney to help you file your occupational disease claim. They advocate on your behalf to ensure you receive the medical care and workers’ compensation benefits you are entitled to.
Also, If your injury keeps you from working permanently, an attorney can advise you about filing for Social Security disability benefits as well. The dispute process is highly legal, involving complex legal rules and procedures. If any aspect of your claim is disputed with your employer or insurance company, you need to obtain an attorney.
The attorneys at Vincent Criscuolo & Associates in Rochester, NY, can work with you to determine if and when you should file a workers’ compensation claim for occupational disease. Call them at (585) 232-3240 to schedule a free consultation, and visit their website for more information about workers’ compensation and social security disability.
Kathleen Walder Portfolio 