Getting injured at work creates immediate stress about medical bills, lost wages, and your family's financial security. At Polsky, Shouldice & Rosen, P.C., we represent injured workers throughout New York, helping them obtain the workers' compensation benefits they've earned. We've seen how insurance carriers and employers sometimes deny legitimate claims or offer inadequate settlements. Our firm stands with injured workers during this difficult time, advocating for full benefits while you focus on recovery.
Workers' Compensation Lawyers New York
Workers' compensation in New York provides medical coverage and wage replacement benefits to employees injured on the job, regardless of who caused the accident. This no-fault system means you don't need to prove your employer's negligence to receive benefits. However, getting approved for benefits and receiving appropriate compensation often proves more difficult than injured workers expect.
The system covers various injury types, from sudden accidents like falls and equipment malfunctions to repetitive stress injuries and occupational illnesses that develop over time. Once you report your injury and file a claim, the workers' compensation insurance carrier reviews your case and determines benefit eligibility. This process frequently encounters obstacles that can delay or reduce your compensation.
Common challenges injured workers face include:
- Claim denials based on disputes about whether the injury occurred at work
- Insufficient medical treatment authorizations
- Premature return-to-work directives before full recovery
- Disputes over disability ratings that affect benefit amounts
- Employer retaliation or pressure to avoid filing claims
New York workers' compensation provides several benefit categories. Medical benefits cover all necessary treatment related to your work injury, including doctor visits, surgery, physical therapy, prescriptions, and medical equipment. Temporary disability benefits replace a portion of your wages while you recover—typically two-thirds of your average weekly wage, subject to state maximum limits. Permanent disability benefits compensate for lasting impairments that affect your ability to work. If a workplace injury proves fatal, death benefits support surviving family members.
You can also receive vocational rehabilitation services if your injury prevents you from returning to your previous occupation. These benefits help with job retraining and placement assistance. Schedule loss of use awards compensate for permanent loss of function in specific body parts like arms, legs, fingers, or eyes, even if you return to work.
What Is An Occupational Disease?
Simply put, occupational diseases and illnesses are work-related health problems that develop or get worse over time, because of:
- Conditions in your workplace
- Your job duties
- Materials or stressors that you are frequently exposed to
An important fact to note is you do not have to miss work to have an occupational disease or illness or to even file a Workers’ Compensation claim. You may have suffer a workplace accident and still be able to work. Similarly, with occupational diseases and illnesses, you may still be able to work through the pain. At first the pain can be bearable, but over time these aches and pains can turn into bigger issues. This is why it is important that you do not see your pain as being part of your job.
Time Limits For Filing A Hearing Claim
For occupational hearing loss, the guidelines for filing a claim differ from other types of injuries. In the eyes of the law, the ‘date’ your disability began is either:
- Three months after you were removed from the damaging noise
- Three months after you left the job where you were exposed to the noise
After these dates, regular Workers’ Compensation statues will apply to your case.
Experience Matters in Workers' Compensation Cases
We've spent over 30 years representing injured workers throughout New York, building our practice exclusively around workers' compensation law. This focused approach means we know every aspect of the system—from initial claim filing through appeals and settlements.
- 200+ years of combined experiences from trusted New York attorneys
- Recognized as U.S. News' BEST LAW FIRMS for multiple years
- Offices throughout New York, including Rockville Centre, Brooklyn, Hauppauge, and the Bronx, and more!
Our attorneys have handled thousands of claims, including cases where insurance carriers initially denied benefits or offered settlements that didn't reflect the true value of workers' injuries. We've reversed claim denials, increased benefit awards substantially, and secured ongoing medical treatment for clients facing carrier pushback. Many workers come to us after realizing their benefits don't cover their actual losses or when employers pressure them to accept inadequate settlements.
Contact Polsky, Shouldice & Rosen, P.C. Today!
Don't face the workers' compensation system alone after suffering a workplace injury or illness. We offer free consultations where we review your situation, explain your options, and outline the benefits available under New York law. Time matters in workers' compensation cases—waiting to seek legal guidance can weaken your claim or cause you to miss critical deadlines. Contact us today to discuss your case and learn how we can help you obtain the full benefits you've earned through your years of work.
Your Trusted New York Workers' Compensation Lawyers
When people think of work-related injuries, they often think of one-time accidents, or ‘traumas.’ An example of these traumas would be when a waiter slips and falls on a wet floor or a truck driver has an accident on the road.
But in some cases, your job can cause health problems that develop over time. With these ‘occupational diseases’ or ‘occupational illnesses,’ you can be entitled to the exact same Workers’ Compensation benefits that you would be if you were to suffer a one-time trauma.
Types of Workers' Compensation Cases We Handle
Workplace injuries don't discriminate by job title, industry, or experience level—they can happen to anyone, anywhere, at any time. Whether you work in an office, on a construction site, in healthcare, or behind the wheel, your job carries inherent risks that can result in serious injuries requiring medical treatment and time away from work. At Polsky, Shouldice & Rosen, P.C., we've spent over 30 years representing injured workers throughout New York, building our practice exclusively around workers' compensation law. Our focused approach means we've handled virtually every type of workplace injury claim, giving us the depth of knowledge needed to pursue maximum benefits for workers facing financial hardship and medical challenges.
Construction Site Injuries
- Falls From Heights - Construction workers on scaffolds, roofs, ladders, and other elevated surfaces face severe injury risks when safety equipment fails or proper fall protection isn't provided. These accidents often result in spinal cord injuries, traumatic brain injuries, fractures, and permanent disabilities requiring long-term medical care.
- Scaffolding Collapses - Improperly erected or maintained scaffolding can collapse without warning, causing workers to fall significant distances or become trapped under debris. We represent workers who've suffered catastrophic injuries when scaffolding failures occur on job sites.
- Equipment and Machinery Accidents - Heavy machinery, power tools, and construction equipment create serious hazards on building sites when operators lack proper training or equipment malfunctions. These accidents frequently cause amputations, crush injuries, lacerations, and other severe trauma.
- Struck-by Accidents - Workers risk being struck by falling tools, building materials, vehicles, or swinging loads from cranes and hoists. Head injuries, shoulder damage, back problems, and internal injuries commonly result from these incidents.
- Electrical Injuries - Contact with power lines, faulty wiring, or electrical equipment causes burns, cardiac problems, nerve damage, and sometimes death. Electricians and construction workers face these risks daily when working with or near electrical systems.
Industrial and Manufacturing Injuries
- Machine Entanglement - Factory workers can become caught in moving machinery parts, conveyor belts, or rotating equipment when proper guards aren't installed or maintained. These horrific accidents often result in severe lacerations, crush injuries, fractures, and amputations.
- Repetitive Motion Injuries - Assembly line workers, packagers, and production employees who perform the same movements thousands of times daily develop carpal tunnel syndrome, tendonitis, and other repetitive stress conditions. Insurance carriers frequently dispute these gradually developing injuries.
- Chemical Exposure - Workers handling industrial chemicals, solvents, acids, and toxic substances risk burns, respiratory problems, skin conditions, and long-term health effects. These cases require thorough documentation linking medical conditions to specific workplace exposures.
- Warehouse Accidents - Distribution center workers face risks from forklift accidents, falling inventory, loading dock incidents, and slip-and-fall hazards in fast-paced environments. These injuries range from minor strains to life-threatening trauma.
Office and Workplace Injuries
- Slip, Trip, and Fall Incidents - Falls occur in every workplace setting due to wet floors, cluttered walkways, poor lighting, uneven surfaces, and inadequate maintenance. We handle claims for workers who've suffered back injuries, fractures, head trauma, and soft tissue damage.
- Ergonomic Injuries - Office workers who sit for extended periods with improper workstation setup develop chronic back pain, neck problems, and musculoskeletal disorders. These conditions often worsen over time without proper ergonomic interventions.
- Overexertion Injuries - Lifting, pushing, pulling, and carrying objects causes back strains, hernias, shoulder injuries, and muscle tears across all industries. Employers often dispute these claims by suggesting pre-existing conditions contributed to the injury.
Transportation and Delivery Injuries
- Vehicle Collisions - Delivery drivers, sales representatives, service technicians, and others who drive for work face accident risks throughout their workday. We represent workers injured in crashes during deliveries, client visits, and travel between job sites.
- Loading and Unloading Accidents - Delivery personnel suffer injuries while loading or unloading cargo, including back problems from lifting, slip-and-fall accidents on truck beds, and injuries from shifting freight. These claims often involve disputes about safety equipment and proper procedures.
Healthcare Worker Injuries
- Patient Handling Injuries - Nurses, nursing assistants, and home health aides regularly suffer back injuries, shoulder damage, and joint problems from lifting, transferring, and repositioning patients. These physically demanding tasks cause significant injury rates in healthcare settings.
- Needle Sticks and Exposure - Medical professionals risk exposure to bloodborne pathogens like HIV and hepatitis through accidental needle sticks and contact with infected bodily fluids. These incidents require immediate medical treatment and ongoing monitoring.
- Workplace Violence - Healthcare workers, particularly those in emergency departments and psychiatric units, face assault risks from patients experiencing medical crises or mental health episodes. Both physical injuries and psychological trauma warrant workers' compensation benefits.
Occupational Diseases and Illnesses
- Respiratory Conditions - Workers exposed to dust, fumes, chemicals, asbestos, and poor air quality develop asthma, chronic bronchitis, silicosis, and other respiratory diseases over time. These cases require medical evidence linking conditions to workplace exposure.
- Hearing Loss - Prolonged exposure to excessive noise in manufacturing, construction, and industrial settings causes gradual hearing damage and tinnitus. Insurance carriers often dispute the extent of hearing loss and its connection to workplace noise.
- Repetitive Strain Conditions - Data entry workers, cashiers, meat processors, and others performing repetitive tasks develop carpal tunnel syndrome, trigger finger, and chronic tendonitis. These conditions can become debilitating without proper treatment and workplace modifications.
Retail and Service Industry Injuries
- Customer-Related Injuries - Retail workers, restaurant employees, and customer service staff face risks from slip-and-fall accidents, heavy lifting, repetitive movements, and workplace violence from customers. These injuries affect workers across countless businesses statewide.
- Kitchen and Food Service Injuries - Restaurant workers suffer burns from hot surfaces and liquids, cuts from knives and equipment, slip-and-fall accidents on greasy floors, and repetitive stress injuries from food preparation tasks.
Our three decades practicing exclusively as a New York Workers' Compensation Lawyer means we've developed proven strategies for handling every type of workplace injury claim. We know how insurance carriers respond to different injury types, what medical evidence strengthens claims, and how to counter common defense tactics that aim to reduce benefits. Contact us today to discuss your workplace injury and learn how our experience can help you secure the medical care and financial support you need during recovery and beyond.
Common Causes of Occupational Diseases and Illnesses
Unlike sudden workplace accidents that cause immediate injuries, occupational diseases and illnesses develop gradually through repeated exposure to workplace hazards over months or years. These conditions often go unrecognized until symptoms become severe, leaving workers struggling with chronic health problems that affect their ability to work and maintain quality of life. At Polsky, Shouldice & Rosen, P.C., we've represented workers suffering from occupational diseases for over 30 years, helping them establish the connection between their conditions and workplace exposures. These cases require careful documentation and medical evidence, but workers deserve compensation when their jobs make them sick. Understanding the common causes of occupational diseases helps workers recognize risks and seek appropriate benefits when health problems develop.
In the U.S., some of the most frequently reported occupational diseases and illnesses include:
Asbestos Exposure and Related Diseases
Asbestos remains present in many older buildings throughout New York despite decades of known health risks. Construction workers, maintenance personnel, demolition crews, and building inspectors face exposure when disturbing asbestos-containing materials during renovation or demolition work. Inhaled asbestos fibers lodge in lung tissue and cause asbestosis, lung cancer, and mesothelioma—diseases that often don't appear until 20 to 40 years after exposure. These conditions prove fatal in many cases and currently have no cure. Workers exposed to asbestos during their careers have the right to pursue workers' compensation benefits even if symptoms emerge years after employment ends.
Silica Dust and Respiratory Diseases
Crystalline silica dust becomes airborne when workers cut, grind, drill, or break concrete, brick, stone, and other materials containing silica. Construction workers, sandblasters, stonemasons, and demolition crews inhale these microscopic particles that scar lung tissue and cause silicosis—a progressive, incurable disease. Silica exposure also increases risks of lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease. Even brief exposures to high concentrations of silica dust can cause acute silicosis within weeks or months. Employers must provide proper ventilation, water suppression systems, and respiratory protection, yet many fail to implement adequate controls.
Chemical Exposure and Toxic Substances
Workers in manufacturing, laboratories, healthcare, cleaning services, and numerous other industries handle chemicals that cause respiratory problems, skin conditions, neurological damage, and cancer. Solvents, acids, pesticides, disinfectants, and industrial cleaners all pose health risks through inhalation, skin contact, or ingestion. Chronic exposure to these substances can damage organs, impair brain function, and increase cancer risks. Acute exposures cause chemical burns, respiratory distress, and poisoning requiring immediate medical intervention. Safety data sheets provide information about chemical hazards, but workers don't always receive proper training on handling dangerous substances safely.
Repetitive Motion and Ergonomic Injuries
Carpal tunnel syndrome, tendonitis, bursitis, and other repetitive stress injuries develop when workers perform the same movements thousands of times without adequate rest or ergonomic support. Data entry workers, assembly line employees, cashiers, meat processors, and healthcare workers face particularly high risks. These conditions cause pain, numbness, weakness, and reduced range of motion that can become permanently disabling without proper treatment and workplace modifications. Employers often dispute these claims by arguing that aging or non-work activities caused the conditions, making medical documentation crucial.
Noise-Induced Hearing Loss
Prolonged exposure to loud machinery, equipment, tools, and industrial processes causes gradual, irreversible hearing damage in construction, manufacturing, and other noisy workplaces. Workers may not notice hearing loss developing until it becomes severe because the damage accumulates slowly over years. Tinnitus—persistent ringing in the ears—often accompanies noise-induced hearing loss and can significantly impact quality of life. OSHA requires hearing protection in workplaces exceeding certain noise levels, but enforcement varies and many workers don't consistently use provided protection. Baseline and periodic hearing tests help establish when hearing loss occurred and its connection to workplace noise exposure.
Occupational Asthma and Respiratory Conditions
Workers exposed to dust, fumes, gases, vapors, and other airborne irritants develop asthma and other respiratory diseases that cause wheezing, shortness of breath, chest tightness, and coughing. Healthcare workers, manufacturing employees, painters, bakers, and laboratory technicians all face risks from respiratory sensitizers in their work environments. Occupational asthma can develop suddenly after sensitization or gradually through repeated exposures. Workers with occupational asthma often can't continue in their previous jobs even with treatment, requiring career changes and retraining. These cases require pulmonary function testing and medical opinions linking respiratory conditions to specific workplace exposures.
Musculoskeletal Disorders From Physical Demands
Jobs requiring heavy lifting, prolonged standing, awkward postures, forceful exertion, and repetitive movements cause chronic back problems, shoulder injuries, neck pain, and joint degeneration. Nurses, warehouse workers, construction laborers, and delivery personnel face particularly high risks of developing these conditions. Unlike acute back injuries from single incidents, these disorders develop gradually as cumulative trauma damages muscles, tendons, ligaments, and joints. Workers often continue working despite pain until conditions become severe enough to prevent job performance. Medical evidence must demonstrate how specific job duties contributed to musculoskeletal deterioration.
Dermatological Conditions and Skin Diseases
Occupational dermatitis, chemical burns, skin allergies, and other skin conditions affect workers who contact irritating substances, chemicals, metals, latex, solvents, and other sensitizers. Healthcare workers, hairdressers, mechanics, cleaning staff, and construction workers frequently develop these conditions. Skin problems can range from mild irritation to severe burns and allergic reactions requiring extensive treatment. Chronic dermatitis may force workers to change occupations if they can't avoid exposure to substances causing reactions. These cases require dermatology evaluations and patch testing to identify specific workplace exposures responsible for skin conditions.
Infectious Diseases From Workplace Exposure
Healthcare workers, first responders, laboratory technicians, and sanitation workers face exposure to bloodborne pathogens, airborne diseases, and other infectious agents through their job duties. HIV, hepatitis B and C, tuberculosis, COVID-19, and other diseases can transmit through needle sticks, contact with infected bodily fluids, or exposure to sick individuals. These workers require immediate post-exposure medical care and ongoing monitoring. Some infectious diseases cause chronic, lifelong health problems requiring continued treatment. Workers' compensation covers both the initial treatment and long-term care for work-related infectious diseases.
Psychological Trauma and Mental Health Conditions
Post-traumatic stress disorder, anxiety, depression, and other mental health conditions can develop from workplace violence, traumatic incidents, severe accidents, or chronic workplace stress. First responders, healthcare workers, social workers, and others who witness traumatic events or face violence face particularly high risks. Unlike physical injuries, psychological conditions often face skepticism from employers and insurance carriers who question their severity or work-relatedness. These cases require psychological evaluations, treatment records, and sometimes expert testimony to establish the connection between workplace experiences and mental health conditions.
Occupational diseases and illnesses require different legal approaches than sudden accident injuries, with greater emphasis on medical causation and workplace exposure documentation. As NY Workers' Compensation Lawyers for Occupational Diseases and Illnesses with three decades of experience handling these claims, we understand how to build strong cases that connect your health condition to workplace exposures. If you've developed a chronic illness or disease you believe stems from your work environment, contact us today to discuss your situation and learn how we can help you pursue the benefits available under New York workers' compensation law.
What Causes These?
In many cases, these ailments are caused by exposure to dangerous materials or conditions, which include:
- Asbestos
- Carcinogenic (cancer-causing) chemicals
- Pesticides
- Radiation
- Toxic gases and fumes
- Dust and small particles that are inhaled
- Extreme heat or cold
- Loud or ongoing noise
- Repetitive stress – such as data entry, typing, jack hammering, lifting (see more about repetitive stress injuries)
Sadly, many job-related health conditions are preventable, assuming the proper safety precautions, protective equipment and training techniques are used.
Asbestos Exposure Is Dangerous
Asbestos is a sneaky material, as it cannot be smelled, tasted, or seen. Many of those who are exposed to this harmful material do not have any reactions to it right away. Asbestos exposure is dangerous because a person can inhale or ingest asbestos dust and not even know it until years later. As soon as asbestos material gets inside the body system, it never dissolves and is difficult to expel. Over many years, asbestos fibers trapped inside a person’s body can lead to scarring, inflammation, and genetic cell damage.
How long does asbestos stay in the body before an illness develops?
Illnesses related to asbestos material can take a couple decades or longer to develop in the human body. This means, that once a person has been diagnosed with asbestos exposure, it can be difficult to track back to the exact area which caused such damage to occur. Many asbestos exposure cases that are diagnosed today, were due to unsafe environments that were not regulated at the time.
What is the primary cause of asbestos-related illnesses?
A: Occupational exposure is a leading cause of illnesses related to asbestos. A worker who is unknowingly inhaling these harmful substances, may also carry it home on his or her work clothing (resulting in secondhand exposure). Asbestos illnesses may develop in people who have lived in a contaminated environment such as a home or while using unsafe consumer products that contain asbestos.
Where in the home may asbestos material be present?
A: It can be scary to imagine that your home has areas with asbestos. However, it is better to find out now and resolve the issue, instead of learning years down the line once you have been diagnosed with a related condition. Older buildings, homes, and other properties are more at-risk for having asbestos material in the following areas:
- Roof felt and shingles
- Window putty
- Vermiculite insulation
- Vinyl flooring material
- Textured paint
- Sprayed-on ceiling material
- Covers for heat sources
- Door gaskets
- Duct lining
- Recessed lighting
- Fuse boxes
- Wiring insulation
- Outlets
- Freezers
- Refrigerators
- Range hoods
- Portable heaters
- Hair dryers
- Wood stoves
- Fireplace logs
- Brake Linings
- Clutch facings
When is asbestos the most dangerous?
A: There is no level of asbestos that is considered safe. But, asbestos can be at its most dangerous when someone is around a large concentration of the material, in addition to being exposed regularly over a long duration of time. Asbestos continues to accumulate in the body as it is ingested or inhaled.
What illnesses are most commonly associated with asbestos exposure?
A: Asbestos exposure can eventually lead to chronic and severe diseases. A person who has been around a high quantity of this material may later in life be diagnosed with asbestosis, pleuritis, or chronic obstructive pulmonary disease (COPD). Patients with such conditions may have trouble breathing, particularly if their lungs have become inflamed. Asbestos may also lead to illnesses such as pleural mesothelioma, peritoneal mesothelioma, and lung cancer. Asbestos is the top cause of occupational cancer.
How Workers' Compensation Can Help
If you develop a condition like those mentioned, you may be able to collect Workers' Compensation’ benefits to help cover your lost wages, medical bills and vocational rehab.
But it is important that you get medical care and file your claim in a timely manner. The longer you wait, the harder it is to prove that your job caused your health problem.
For example, lets say you have developed noise-induced hearing loss or tinnitus (ringing in the ears) from working in a firehouse or at an airport. However, you also like to go to concerts. If you wait to file a claim, your boss can argue that it was the concerts, not the sirens or noise from the runway at the airport, that caused your hearing problems.
Compensation Lawyers for Occupational Diseases and Illnesses FAQ
Occupational diseases and illnesses develop silently over months or years, gradually stealing your health while you earn a living to support your family. Unlike sudden workplace accidents that cause immediate visible injuries, these conditions emerge slowly through repeated exposure to workplace hazards—toxic chemicals, harmful dust, excessive noise, repetitive movements, or dangerous substances. By the time symptoms become severe enough to seek medical attention, the damage may be permanent and disabling. At Polsky, Shouldice & Rosen, P.C., we've represented workers suffering from occupational diseases for over 30 years, helping them establish the crucial connection between their conditions and workplace exposures.
What Types of Occupational Diseases Qualify for Workers' Compensation?
Occupational diseases include any chronic condition caused by workplace exposures or job duties performed over time. Respiratory diseases like asbestosis, silicosis, and occupational asthma develop from inhaling workplace dust, fumes, or chemicals. Repetitive stress injuries including carpal tunnel syndrome, tendonitis, and chronic back problems result from repetitive movements or sustained physical strain. Hearing loss occurs from prolonged exposure to excessive workplace noise. Skin conditions develop from contact with irritating substances. Cancers can result from exposure to asbestos, benzene, or other carcinogens. Musculoskeletal disorders arise from heavy lifting, awkward postures, or forceful exertion. Unlike sudden accidents, these conditions require medical evidence establishing the causal connection between workplace exposures and your illness, making documentation critical for successful claims.
How Do Occupational Disease Claims Differ From Injury Claims?
Occupational disease claims present unique challenges compared to sudden accident injuries. You must prove your condition resulted from workplace exposures rather than non-work factors, requiring detailed medical opinions linking your illness to specific job duties or exposures. The gradual development means symptoms may not appear until years after exposure, complicating the timeline and raising questions about when the claim period begins. Multiple employers over your career may have contributed to the condition, affecting which insurance carrier bears responsibility. Medical causation becomes central to these cases, often requiring physicians to testify that workplace exposures more likely than not caused your disease. Insurance carriers aggressively dispute occupational disease claims by arguing pre-existing conditions, lifestyle factors, or aging caused your problems rather than work exposures.
Why Do Insurance Carriers Often Deny Occupational Disease Claims?
Insurance carriers deny occupational disease claims at higher rates than accident injury claims because causation is less obvious and multiple factors potentially contribute to chronic conditions. They argue your disease resulted from smoking, obesity, aging, genetics, or activities outside work rather than workplace exposures. They dispute whether exposure levels at your workplace were sufficient to cause disease. They claim you didn't report symptoms promptly or seek treatment when symptoms first appeared. They obtain independent medical examinations from doctors who minimize workplace contributions to your condition. They point to gaps in employment records or suggest previous employers bear responsibility. These denial tactics protect carrier profits while leaving sick workers without benefits. We counter these arguments by gathering comprehensive medical evidence, consulting occupational medicine physicians who can explain disease causation, and documenting your complete work history and exposure patterns.
What Evidence Do I Need to Prove My Occupational Disease?
Proving occupational disease requires substantial medical and employment documentation. Medical records from all treating physicians showing your diagnosis, treatment history, and progression of symptoms are essential. You need medical opinions from qualified physicians stating your condition relates to workplace exposures with reasonable medical certainty. Employment records documenting your job duties, positions held, and duration of employment establish exposure timelines. Workplace exposure records, safety data sheets, air monitoring results, and equipment logs demonstrate what hazardous substances or conditions you encountered. Witness statements from coworkers who performed similar work and developed similar conditions strengthen causation arguments. Personal journals documenting when symptoms appeared and how they progressed help establish timelines. We work with occupational medicine physicians, industrial hygienists, and other professionals who can review this evidence and provide opinions supporting your claim.
How Long After Employment Ends Can I File a Claim?
New York allows workers to file occupational disease claims within two years of when you knew or should have known your condition related to workplace exposures. This means the claim period doesn't necessarily begin when you were last exposed or when you stopped working—it starts when you became aware the condition was work-related. For diseases with long latency periods like mesothelioma or asbestosis that may not appear until decades after exposure, you can still file claims years after employment ends. The key is establishing when you first knew the causal connection. For instance, if you develop lung cancer 20 years after asbestos exposure and a doctor tells you it likely resulted from that exposure, your two-year claim period begins from that diagnosis, not from when you were exposed or stopped working in that environment.
Occupational diseases rob workers of their health after years of loyal service to employers, leaving them unable to work and facing mounting medical bills for conditions they didn't cause. As New York Compensation Lawyers for Occupational Diseases and Illnesses Attorney with over 30 years representing sick workers, we understand the medical and legal issues these claims involve. Contact us today to discuss your occupational disease and learn how we can help you pursue the workers' compensation benefits you deserve for conditions caused by workplace exposures throughout your career.
Do You Need A Lawyer?
It is not required that you use a lawyer to file a Workers’ Compensation claim, but it can be incredibly helpful and impact the success of your claim. This is especially true for conditions that develop over time and are not caused by an obvious, one-time incident like a machine malfunction.
Disclaimer: For informational purposes only. This is not a substitute for legal advice. If you need legal advice please contact us.
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