What Qualifies as an Occupational Disease?

Nobody wants to endure the ailments that receiving workers’ compensation requires. Being unable to work is a very serious, and oftentimes frightening situation, so it is important that if you find yourself out of work due to a disability, whether you were injured on the job or slowly became ill because of your job, that you receive the workers’ compensation you deserve. Insurance companies will do what they can to deny you of the compensation you are entitled, so it is important you read on and contact an experienced attorney today.

What is an occupational disease?

Essentially, if you have an occupational disease, there is no given day where you became “ill,” while the date of a serious injury occurring on the job is rather obvious. However, if you file, a judge may grant you a date of disablement. The Workers’ Compensation Law Judge generally decides your date based on when you first received treatment from a physician or the first day you were unable to work. From here, he will determine the timeliness of your filing, which is of huge importance. Some of the occupational diseases that may qualify you for this compensation are cancer, asbestos, lead poisoning, and more. The time limit for filing an occupational disease claim is either two years after your disability was first diagnosed, or two years from the date you found out (or should have reasonably known) your disease was work-related.

Are there any exceptions to time limits?

There are certain exceptions to the time limits mentioned above. For example, if you suffer from occupational hearing loss, you may file a claim 3 months after the date you were removed from the harmful noise or 3 months after leaving your job. 

Can companies fight your claim?

Very often, they can. With certain occupational injuries, companies will argue that you cannot prove you have sustained these injuries due to your occupation. For example, if you suffer from Carpal Tunnel Syndrome, companies will try and argue that there is no direct connection between your injuries and your occupation. This is where an experienced attorney can help. Do not let them deny you the compensation you deserve.

Contact our New York firm

It is important you remember that workers’ compensation is not only for split-second injuries. If you are sustaining long-term injuries that may impact the rest of your life, it is important you receive the compensation you need to help cover medical bills, in-home care, and anything else you may need. 

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.