When employees have accidents at work, they can be seriously injured. In these cases, employees have the right to seek workers’ compensation. These incidents are a one-time situation where the injury is evident. However, sometimes this is not always the case. Workers can be exposed to conditions or undergo motions daily that contribute to an injury or disease. Over time, their job has caused them to develop this impairment. These situations can also result in workers’ compensation being a possible outcome. Illnesses can be a form of work-related injuries that may entitle you to receive benefits.
By becoming ill instead of being injured at work, you may not lose any time from work. A prominent injury may disable you, but with an illness, you may be able to continue your employment. An illness has a slower impact than an accident-induced injury would. Due to this, it makes workers’ compensation a little more complicated. When you are injured in an accident, there is an obvious date of disablement. However, this may not be the case for an illness.
To determine the date of an illness induced by a work environment, a judge will usually decide. The date can be when you first began treating your illness with a physician or your first day where you were not able to go to work and perform your job. This will help determine the timeliness of your filing. In order to claim the disease, you will need to file two years from the disability first being diagnosed or existing. Another option allows you to claim it two years from the date the worker found out or should have reasonably known that the disease was work-related. A judge will determine the date when they assess your right to receive benefits.
What are some occupational diseases?
An occupational disease can cover a wide range of illnesses due to a variety of different jobs and tasks that are required. Some examples of occupational diseases include hearing loss, cancer, asbestosis, lead poisoning and more. Although these are illnesses and disabilities, they may not have caused individuals to miss any time at work.
If you are subject to hearing loss from your occupation, you could be entitled to disability benefits. However, special time limits apply to your situation. A claim may be filed three months after the date you were removed from the harmful noise or three months after leaving the employment that exposed you to the harmful noise. The three-month mark is the date that the courts often consider when your disability began.
When dealing with matters involving work-related illnesses, it is best to acquire the help of a professional. Our attorneys can guide you through the paperwork associated with your case. We want to help you receive the benefits you deserve.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.