Filing a workers compensation claim for occupational disease or illness is covered under NY workers compensation law.
Not all workers compensation claims are due to a work related accident. Some occupations have particular hazards associated with the work, such as workers engaged in asbestos removal who contract asbestosis. Another hazard example is a worker exposed to a carcinogen known for causing cancer and who subsequently develops cancer.
The New York Workers Compensation Board recognizes occupational disease and grants benefits for disabled workers. Workers who become disabled due to occupational disease are eligible to receive the same compensation as workers injured in accidents on the job.
Workers must file their claims based on one of the following:
Even though a worker may not lose time from work, because the occupational disease is a type of disability, workers still have rights to benefits. A Workers' Compensation Law Judge will determine the date of disablement.
Different time limits apply to hearing loss caused by working conditions. You must file within the following time limitations:
Based on workers compensation law, the disability begins the last day of the three-month period.
Sometimes workers trying to collect workers compensation run into problems with insurance companies. An experienced workers compensation lawyer can help you overcome the obstacles related to your claim.