Each year, nearly 3.5 million workers are injured or made ill on the job. But while workers’ compensation insurance can provide cash benefits, medical treatment, and other care for employees who suffer an on-the-job injury, not all workplace injuries can be easily or directly tied to the workplace conditions. For chronic conditions that have been caused by extended or repeat occupational exposure, you’ll need the experience of someone well-versed in New York workers’ compensation law.
At Terry Katz & Associates, we provide legal help to workers who have been injured or made ill on the job. The workers’ compensation lawyers at our law firm will protect your rights and help you receive the workers’ compensation benefits you deserve for your debilitating illness.
Anyone can be injured or become ill on the job, but when it comes to long-term occupational illnesses, most workers’ compensation claims fall into a few specific categories. According to the New York Workers’ Compensation Board (WCB), an occupational illness must arise from the conditions in which a specific type of worker is exposed.
Examples of types of occupational diseases, as per the CDC, include:
Many of those conditions stem from highly-physical jobs in the construction, oil and gas, environmental remediation, and manufacturing industries.
Someone who is disabled by a work-related occupational illness can receive the same workers’ compensation benefits as someone who submits a claim for an on-the-job injury. However, there are some strict time limits for filing either type of workers’ compensation claim.
You’ll need to file your workers’ compensation claim by the later of the following dates:
Ultimately, a workers’ compensation law judge will be responsible for determining your date of disability. This dual deadline is designed to protect people who may not be able to narrow down the cause of their illness for months or even years after first contracting it. These limits apply even if the occupational injury resulted in the worker’s death—the surviving family members may be required to seek out workers’ compensation benefits before they can recover other civil damages for their loved one’s death.
Filing a successful workers’ compensation claim can be much harder than it looks. Fortunately, even if your claim was initially denied, you can submit a comprehensive, convincing appeal.
Some of the Most Commonly Cited Reasons for a Workers’ Compensation Denial Include:
A workers’ compensation claim package must include medical evidence, witness statements, and other documents clearly establishing the onset of your disability and how it is affecting your daily life. But if this evidence isn’t enough to convince the workers’ compensation company, you’ll be able to appeal your claim twice at the administrative level—first to the administrative law judge and to the New York State Workers’ Compensation Board. If the Workers’ Compensation Board still decides in the employer’s favor, the claimant can appeal to the Supreme Court of New York, Appellate Division.
Workers’ compensation claimants only have 30 days to appeal an administrative law judge’s denial of workers’ compensation benefits. Because of this, it’s a good idea to get a head start on gathering the records and documents you’ll need to support your claim.
Our experienced attorneys have helped hundreds of workers’ compensation claimants recover the benefits they’re entitled to. Since the onset of COVID-19, New York State has held workers’ compensation hearings over Zoom. Start your claim today, call Terry Katz & Associates at 888-488-7459 or use our convenient online form to request a free initial case evaluation.