Occupational Disease Workers Compensation
Workers compensation covers a wide range of incidents, which includes occupational disease and getting sick due to your work environment. Of course, most turn to a workers compensation lawyer for work-related injuries. Typically an accident or a fall on the job that causes an injury. However, it is not uncommon for employees to seek benefits from an occupational disease.
Employees who sustain work-related diseases and illnesses get the same benefits as if they have suffered a work injury. So why not seek out fair and accurate compensation? For more information about our law firm and how we can help, please contact us today. We will happily answer any questions you may have about the sickness you got while working and how you may be in line for workers compensation benefits.
What's an Occupational Disease?
The term "occupational disease" means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment. For example, if you get sick due to a buildings poor ventilation, that is not an occupational disease. That is simply a result of the work environment, not the work itself. However, in that case, you can still possibly file for workers compensation in regards to a work injury. But it is not an occupational disease.
So what is an occupational disease then? Well, according to the New York State Workers’ Compensation Board, a compensable 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. What is key here is the occupation. As mentioned, it is not simply the environment, but rather the line of work.
New York State Occupational Disease
Workers’ compensation in the state of New York also covers occupational diseases. As discussed, an occupational disease is a medical problem that develops over a period of time because of the type of work a person does. According to the New York City Bar, those who type a lot may develop a problem with their hands or wrists and be in line for workers comp. If your doctor feels that the cause of the problem is the job requiring the worker to repetitively use your hands, then this may qualify as an occupational disease. Or if you are breathing a work-related substance and become sick. Like if a baker develops asthma from breathing in the dust from bread. However, a building's ventilation is not reason for occupational disease.
Ultimately, it is the state laws that determine what conditions qualify as occupational diseases. Some states address occupational disease in their worker's compensation statute and others may define it in a separate occupation disease law. And some may simply rely on the courts to determine which diseases fall under the workers compensation umbrella. However you slice it, this process can be confusing. Which is why you may need a workers' compensation lawyer, because that way you are sure if you qualify for occupational disease benefits.
When To File A Claim
When filing a workers compensation claim, there are some limitations to be made aware of. The law states that you must notify your employer within 30 days of the incident. And you must file a claim with the Workers' Compensation Board within two years. To file the claim, you must use a C-3 document.
When it comes to occupational diseases and illnesses, there is also a two-year time limitation to file a claim. The date of illness may start from three common dates:
- Date of first treatment
- First knowledge illness is work-related
- Day you stopped working
We understand that these time limitations are complicated, but that is why we are here! When you reach out to Gilbert, Blaszcyk & Milburn, you will be turning to one of the most trusted law firms on Long Island. So please call one of our offices and we can discuss the parameters of the claim. However, the Workers’ Compensation Board ultimately decides the date. Our staff can help you with this process and make sure your claim is filed correctly. And if you have been wrongly denied of benefits, we can help you appeal.