Most people understand that when they are injured at work, they have the right to file a workers’ compensation claim so that they can help pay things like medical bills directly related to their injuries and lost wages for the time they need to take off of work. However, things can become a little more complicated if you are trying to argue that your workers’ compensation claim is valid when you have become ill from your work. In New York, this is known as an “occupational disease” and you still have the right to work with an attorney and fight for your benefits to be paid out to you. If you believe you have become ill due to your workplace, reach out to an attorney at our firm for help immediately.
How Can You Prove That Your Claim Is Legitimate?
Especially when it comes to occupational diseases, you will need to show that your illness was a direct result of the type of work you perform. This means that you will need to show:
- Your illness was not caused by outside circumstances
- Other people who worked similar jobs to you or worked with a specific type of chemical or instrument became sick similar to you
You will need to demonstrate that if you are unable to continue working in the same position or if you can work at a reduced capacity, it is because some feature of your employment specifically caused this to be true. Additionally, you may be concerned that having a pre-existing condition will cause problems with your claim. While it may be more effort on your part, you may still be able to receive benefits even if you have a pre-existing condition. For example, if you have documentation of your pre-existing condition, you will want to show that it was not affecting your work and that it did not cause you to become disabled. After you began working at your job, you can make note of how your job affected your pre-existing condition and provide medical documentation to support this claim.
If you notice yourself feeling ill on the job — as well as your coworkers — you should all seek medical attention to determine what the cause of the illness is. This documentation will also be very helpful for your case.
Benefits Of Scheduling A Consultation
You won’t want to choose just any attorney that you find from a basic Internet search. In fact, ensuring you retain a lawyer who feels like a match and has the experience that you need, calls for proper research. One of the most critical steps to take when searching for a New York workers’ compensation lawyer is scheduling a consultation with them. This can provide victims with a variety of benefits and allow them to not only get a feel for prospective attorneys but also have their case reviewed and ask the many questions that they may have.
Reach out to the knowledgeable lawyers at Polsky, Shouldice & Rosen, P.C. for help today; they will provide a consultation to go over your case with you in detail.
